Journal of the Senate, State of Arizona, 1996, Forty-Second Legislature, Second Regular Session, Fifth to Seventh Special Sessions

STATE OF ARIZONA
JOURNAL
of the
SENATE
1996
Published by:
Arizona State Senate
Arizona Legislative Council
Mp Bookbinding
INDEX FOR SENATE JOURNAL
DAILY JOURNAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l
SUPPLEMENT
A Governor's action after adjournment sine die
Bills approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516
Vetoes ................................................... 519
B. Reports of Standing Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528
C. Messages from the House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528
D. Bills not reported by Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529
E. Bills enacted into Jaw (chapter numbers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536
F. Vetoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544
G. Strike everything amendments 545
EXECUTIVE APPOINTMENTS AND CONFIRMATIONS 550
ALPHABETICAL INDEX (see next page for Special Sessions)
A Bills listed by topic -- 2nd Regular Session . . . . . . . . . . . . . . . . . . . . . . . . . . . 563
B. Index of Senators -- 2nd Regular Session;
5th I 6th I 7th Special Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702
1. Bills introduced
2. Appointments
3. Personal privileges
4. Excused from voting
HISTORY OF SENATE AND HOUSE BILLS
A History of Senate bills ........................................... 7 43
B. History of House bills ............................................ 845
C. House bills not received by the Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 7
D. Summary (recapitulation) of Senate bills, memorials and resolutions . . . . . . . 934
COMMITTEES
A Index of Committees 938
B. Statutory Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 941
C. Committees of Reference ........................................ 954
D. Temporary Committees Created by Session Laws ..................... 958
E. Nonstatutory Interim Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 972
F. Senate Standing Committees
G. House Standing Committees
SENATE EMPLOYEES
976
978
Senate Employee Listing ............................................ 981
5th Special session
Daily journal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Alphabetical Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
6th Special Session
Daily Journal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
Alphabetical Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7th Special Session
Daily Journal .................................................. .
Alphabetical Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
STATE OF ARIZONA
Forty-second Legislature
Second Regular Session
OFFICERS OF THE SENATE
John Greene .................................................. President
Shirley L. Wheaton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary
Charmion Billington . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistant Secretary
Rick Lewis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sergeant at Arms
MEMBERS OF THE SENATE
SENATOR PARTY
Arzberger, Gus . . . . . . . . . . . . . (D)
Barnes, Stan ................ (R)
Bee, Keith A. ................ (R)
Brewer, Janice K. ............ (R)
Bums, Brenda ............... (R)
Buster, Jim ................. (R)
Chastain, Robert . . . . . . . . . . . . (D)
Chesley, Larry ............... (R)
Cummiskey, Chris .......... (D)
Day, Ann .................. (R)
Gnant, Randall .............. (R)
Goudinoff, Peter . . . . . . . . . . . . (D)
Greene, John ................ (R)
Hardt, A. V. "Bill" . . . . . . . . . . . (D)
Hartley, Mary . . . . . . . . . . . . . . (D)
Henderson, James, Jr. . . . . . . . . (D)
Huppenthal, John ............ (R)
Kaites, John ................ (R)
Kennedy, Sandra D. . . . . . . . . . (D)
Noland, Patricia A. ........... (R)
Patterson, Thomas C. ......... (R)
Pena, Manuel "Lito", Jr. . . . . . . (D)
Petersen, David .............. (R)
Richardson, Gary ............ (R)
Solomon, Ruth ............. (D)
Soltero, Victor . . . . . . . . . . . . . (D)
Spitzer, Marc ............... (R)
Springer, Carol .............. (R)
Turner, Warren Austin ........ (R)
Wettaw, John ............... (R)
DISTRICT HOME CITY
8 ................. Willcox
21 ................... Mesa
9 .................. Tucson
19 . . . . . . . . . . . . . . . . Glendale
1 7 . . . . . . . . . . . . . . . . Glendale
5 ................... Yuma
7 .................. Kearny
30 .................. Gilbert
25 ................. Phoenix
12 .................. Tucson
28 . . . . . . . . . . . . . . . Scottsdale
11 .................. Tucson
24 ................. Phoenix
4 ................... Globe
20 ................. Phoenix
3 . . . . . . . . . . . . Window Rock
6 ................ Chandler
16 . . . . . . . . . . . . . . . . Glendale
23 ................. Phoenix
13 .................. Tucson
26 ................. Phoenix
22 ................. Phoenix
29 ................... Mesa
27 .................. Tempe
14 .................. Tucson
IO .................. Tucson
18 ................. Phoenix
1 ................. Prescott
15 ................. Waddell
2 . . . . . . . . . . . . . . . . . Flagstaff
STATE OF ARIZONA
Forty-second Legislature
Second Regular Session
SENATE AND HOUSE LEADERSHIP
Senate Leadership
President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Greene
Majority Leader ...................................... Thomas C. Patterson
Majority Whip . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Janice K. Brewer
Minority Leader .......................................... Peter Goudinoff
Assistant Minority Leader ................................ Sandra D. Kennedy
Minority Whip ....................................... James Henderson, Jr.
President Pro Tempore ........................................ John Wettaw
Parliamentarian ........................................ Patricia A Noland
House Leadership
Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mark W. Killian
Majority Leader . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ernie Baird
Majority Whip . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . David Eberhart
Minority Leader ............................................ Art Hamilton
Assistant Minority Leader . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Robert McLendon
Minority Whip . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . George Cunningham
Speaker Pro Tempore ......................................... Don Aldridge
Parliamentarian ............................................. Lori Daniels
JOURNAL
of the
SENATE
FORTY-SECOND
LEGISLATURE
ofthe
STATE OF ARIZONA
SECOND REGULAR SESSION
m 1996 •
SESSION CONVENED
MONDAY, JANUARY 8, 1996, 12:00 NOON
SESSION ADJOURNED SINE DIE
SATURDAY, APRIL 20, 1996, 10:45 P.M.
JOURNAL OF THE SENATE
FORTY-SECOND LEGISLATURE
SECOND REGULAR SESSION
Monday, January 8, 1996
First Day
The second Monday in January being the date prescribed by the Constitution of Arizona
for the annual meeting of the Legislature, the Second Regular Session of the Forty-second
Legislature convened this day.
The Senate assembled in its chambers at 12:00 noon.
The President, John Greene, of Maricopa County, called the Senate to order.
The Arizona Boys Ranch offered prayer by singing a choral arrangement of Amazing Grace.
Presentation of the Colors by the Arizona Boys Ranch. Pledge of Allegiance to the Flag was
led by Senator Arzberger.
The following Senators answered on roll call:
Arzberger, Barnes, Bee, Brewer, Bums, Buster, Chastain, Chesley, Cummiskey, Day, Gnant,
Goudinoff, Hardt, Hartley, Henderson, Huppenthal, I<aites, Kennedy, Noland, Patterson,
Pena, Petersen, Richardson, Solomon, Soltero, Spitzer, Springer, Turner, Wettaw, President
Greene ·
RULES
Senator Patterson stated that in view of the fact that during the First Regular Session of the
Forty-second Legislature the Senate adopted Rules for the operation of the entire Forty­second
Legislature, the Senate of the Second Regular Session of the Forty-second
Legislature was properly organized.
READING OF BILLS BY NUMBER AND SHORT TITLE ONLY
Senator Patterson moved that unless otherwise ordered, an emergency be declared, rules
be suspended and that all bills, resolutions and memorials under the order of business first
reading and second reading of bills during the Second Regular Session of the Forty-second
Legislature be read by number and short title only.
President Greene announced that the motion required a two-thirds vote for its passage.
The motion was agreed to.
READING OF BILLS BY NUMBERAND TITLE ONLY
Senator Patterson moved that unless otherwise ordered, an emergency be declared, rules
be suspended and that all bills, resolutions and memorials under the order of business third
reading and final reading of bills during the Second Regular Session of the Forty-second
Legislature be read by number and title only.
President Greene announced that the motion required a two-thirds vote for its passage.
The motion was agreed to.
2 Monday, January 8, l 996
First Day
COMMITTEE TO NOTIFY HOUSE AND GOVERNOR ON ORGANIZATION
Senator Patterson moved that a committee be appointed to notify the House that the
Senate was organized and ready for the transaction of business and to act with a like
committee from the House to notify the Governor that the Second Regular Session of the
Forty-second Legislature was organized and ready to receive any communication he may
wish to deliver. The motion was agreed to and the President appointed Senators Barnes,
Burns, Buster, Chastain, Goudinoff and Hardt as members of that committee.
At 12: 10 p.m. the Senate stood at recess subject to the sound of the gavel.
RECESS
The President called the Senate to order at 12:20 p.m.
COMMITTEE FROM THE HOUSE
The Sergeant at Arms, Rick Lewis, announced the arrival of a committee from the House
of Representatives consisting of Members Aldridge, Burns, Cajero, Gardner, Hanley and
Mclendon. The committee informed the Senate that the House was organized and ready
for the transaction of business.
RECESS
At 12:22 p.m. the Senate stood at recess subject to the sound of the gavel following the
joint session.
JOINT SESSION
In accordance with the recess taken by the two Houses, the Senate and the House of
Representatives, assembled in joint session at 12:33 p.m. in the House chamber, the
President of the Senate in the chair.
The President called the joint session of the Legislature to order, and a quorum of each
House was shown to be present.
The Governor of Arizona, the Honorable Fife Symington, was escorted to the House
chamber by Senators Barnes, Burns, Buster, Chastain, Goudinoff and Hardt;
Representatives Aldridge, Burns, Cajero, Gardner, Hanley and Mclendon.
The Governor was introduced by the President of the Senate.
GOVERNOR FIFE SYMINGTON'SS
STATE OF THE STATE ADDRESS
PRESENTED TO THE 42nd LEG IS IA TURE
SECOND REGUIAR SESSION
Speaker Killian, President Greene, members of the 42nd Legislature, and
distinguished guests. . . good afternoon and thank you for your kind welcome.
This is the fifth year we have returned to work for the betterment of our state and
its people. The years have gone very fast, and they are memorable to each of us
in his or her own way. For some of us the experience has been a vivid reminder of
Churchill's insight about our business here. "In war," he said, "you can be killed
only once. In politics, many times."
Monday, January 8, l 996
First Day
And while I'm on the subject of political contests, I want to wish the best of luck
to the suddenly awakening troops in the loyal opposition.
Welcome back to the debate. Just when I thought the rest of us were about to start
fighting with each other, you mercifully came back into our Jives. Even in our
differences, though, I know we can work together this year to keep Arizona moving
ahead.
One person who has tried to do that for a very long time is retiring from the
Legislature, and we should say "thanks" for his service. Almost 30 years ago, Globe
sent Bill Hardt to this Capitol, and today he begins his final legislative session. On
behalf of all Arizonans, thank you Senator Bill Hardt.
Five years ago, everyone at this Capitol and beyond knew that our state was
suffering.
That was yesterday. As we begin this new year, our success is the talk of the
nation.
Success could not have happened without the dedication and conviction of this
Legislature. It isn't fashionable these days to give people in public office much
credit for anything, but you have served our state well, and the people know it.
Arizona is a better place and its citizens a safer and freer people because of you.
Speaker Mark Killian and President John Greene have returned us to 100-day
legislative sessions and responsible budget practices. From Senator Brenda Burns
and regulatory reform, to Senate Majority Leader Tom Patterson and welfare
reform, to House Majority Leader Ernie Baird and criminal justice policy, to
Representative Bob Bums and Senator Carol Springer in simply guarding the
public's money, and many others -- this Capitol has produced some of the nation's
most outstanding legislative leadership. Arizona can be proud of you.
While the facts are not often published, they are nevertheless clear. Yesterday, we
were mired in deep recession. We found the finances of this state government in
shambles. And we had grown accustomed to the grating sound of politicians
demanding ever higher taxes.
Today, we have cut tax rates of all kinds and cut the income tax by 20 percent,
amounting to billions of dollars government will not be taking from the people.
And yet, government has achieved some $300 million in surplus funds, eliminated
more than $150 million in various accounting tricks, and put the state among the
nation's leaders in fiscal integrity.
Amid all the problems, we saw possibilities. We have done our part in this Capitol
first to run government with common sense, and second simply to get government
out of the way. .A leading financial publication has credited Arizona with
"astounding improvement" in government affairs and ranked it among the ten best­managed
states in the nation.
Our state employees have been partners in a full effort to bring government out of
the past and into a fast-changing present. Business-as-usual has been replaced with
the business of doing things better.
None of this has come easily. The culture of government is nothing if not resistant
to change. But the effort bears rewards. As we gather here, Arizona continues to
enjoy one of the strongest economies of any state in America.
3
4 Monday, January 8, 1996
First Day
Our wage rates are rising, with personal income growing far faster than the rest of
the nation. Our exports have more than doubled because our economic base is so
much broader. Manufacturing, recycling and other industries are on the march in
Arizona.
Cotton, cattle, climate, copper and citrus, our old economic staples, are all still with
us and going strong. But technology is now a major player in our state's economy.
The arrival of Sumitomo last year and the expansions of Microchip and Intel
ensure more of the same. The technology sector is already a $IO billion player in
Arizona's economy. It drives 95,000 jobs, $6.5 billion in salaries and
compensation, and $250 million in tax revenues.
Over five years, Arizona has generated more than 335,000 new jobs throughout the
state. Another 60,000 jobs are projected for this year. Tourism is on a roll. Major
league baseball and NHL hockey are now in our immediate future. A Super Bowl
game and the state's first-ever presidential primary are weeks away.
The pace at which good things are coming to our state is unprecedented. In a
strong month, I 0,000 Americans come to Arizona to make a new home -- to share
in what God has given and Arizonans have built.
And Greater Arizona, more than ever, is a full partner in the progress. If you doubt
this, go to Yuma or Prescott and see what is unfolding. Go to Kingman or Page,
and see still more.
In Pima County, dynamic growth continues to make Tucson a thriving and
culturally vibrant city of the Southwest. This year, we should maintain our
commitment to Southern Arizona by providing $8 million a year across three years
to equalize highway user funds in Pima County.
I also urge your support for badly needed economic development loans to Southern
Arizona businesses damaged by the peso devaluation.
Mexico's misfortunes are temporary, and our mutual economic prospects with our
southern neighbors remain bright. President Zedillo and Sonoran Governor
Beltrones are important economic allies to Arizona. Our future economic growth
will be sustained in part by increasing exports to Mexico.
All across America, people are hearing about Arizona's emergence as a leading
state. This is not a partisan boast. It is simply a statement of the record. The
entire American West is coming of age, and Arizona is leading the way.
Now having said all that, I can also testify that leading is a business of highs and
lows. As IGpling reminded us, the two imposters of triumph and disaster must
both be met the same. In good times no less than bad, you have to keep struggling
ahead. We may be doing far better as a state, but the responsibilities of leadership
are no less pressing.
In fact, the road upward steepens. Success can quickly turn to disappointment if
we soften our resolve or ignore potential dangers.
The greatest danger of all is easy to spot. It is posed by those who counsel a return
to the failed ways of recent decades.
We have only just begun to reduce the dominance of government in our state and
nation; and yet the howls of liberal protest already fill the air. In some quarters the
psychological addiction to big government is causing cold sweats and
hallucinations.
Monday, January 8, 1996
First Day
To those so afflicted, remember that withdrawal is always hardest at the beginning,
and the rest of us will be here to help you through it.
As we move ahead, there should be little question about the economic foundation
of our prosperity. At the heart of it all has been tax relief. We must continue to
reduce the tax burden imposed on the people of Arizona.
This year, it has been agreed that we will enact $200 million in property tax relief
for the homeowners and businesses of Arizona. Representative Lori Daniels and
Senator Marc Spitzer have developed a promising start for your deliberations.
But I also have an earlier promise to keep. The personal income tax should be
abolished in Arizona. I am asking you in the Executive Budget to cut the income
tax another $50 million this year, as we move toward eliminating it completely.
Now I have heard all the end-is-near fiscal prophesies -- all the solemn warnings
from the apostles of big government -- the grim forecasts from the Church of the
Structural Deficit.
But the end they fear is the end we seek. It is the end of unchecked government
growth and the ever-expanding state. It is the revival of private ingenuity and
charity, the entrustment of the people to work out their own futures.
GROWTH AND CULTURE
Shrinking tax burdens and economic vitality, especially in a place of Arizona's
natural beauty, bring growth. As we begin this year, Arizona and the Southwest
are the most vital growth regions in the most vital country on earth.
With this status comes a special responsibility and a number of challenges. Crime,
education, transportation, environmental conservation -- these are the concrete
challenges posed by our prosperity. They are tests of our intelligence and
resourcefulness. Even more, they are tests of our spirit. Our social problems in
particular remind us that material wealth is a poor substitute for shared values.
I am not sure of all the answers. But I do know some wrong answers. In times of
opportunity and hardship alike, there's a voice that calls out to bar the doors.
We have all known the spirit that says, 'Tm on board -- raise the gangplank!" At
the same time we look westward, to sprawling places covered in smog and ridden
with chaos. And another voice says, "Here is the future. There is no avoiding it."
Both the voice of exclusion and the voice of pessimism have a lot in common.
Each is inconsistent with our nation's creed and our state's character. Americans
do not fear the future. We have faith in it, which is why the future has always
belonged to us.
Earlier this century, Robert Frost observed that most of the changes we think we
see are due to the old truths falling in and out of favor. But where there is
freedom, there is always the chance for human beings to push ahead with hope; to
rediscover the old truths; to lift up their hearts. That is what we Americans have
always done best.
With a few exceptions, what problems we have do not come from too much
growth. Many of them come from too much government. Government coercion
cannot guide our growth. It can only divide us and weaken the common will to
care for the common good.
5
6 Monday, January 8, l 996
First Day
Pope John Paul II lived much of his life in the shadow of totalitarian rule. In his
visit last year to New York, he reminded us of what it really means to be an
American. "Freedom," he said, "consists not in doing what we like, but in having
the right to do as we ought."
Maybe we need to bring that old truth back into favor. Here most of all. it is good
to recall that public acts, in the end, mean far less than private intentions. Men
can make good laws, but laws cannot make men good. That is the business of
other institutions, of families, and each of us as individuals.
As power is returned to the people -- from Washington, from our courts, from our
schools, and from Capitols like this one -- I believe many of our social ills will
begin to pass away.
CRIME
In every city in America, the people, if not the politicians, believe that our most
serious problem is crime.
The people, as usual, are right.
Even now, there is an undercurrent of elite opinion which holds that crime is not
really so serious; that people have simply developed irrational fears of crime
through excessive press coverage; that public money spent on prison cells is
tragically wasted.
The opposite is true. There isn't enough newsprint or airtime to cover even a small
fraction of the harm criminals do on a daily basis.
Each year, government returns to this Capitol and takes up the issue of crime. And
each year, we bring along some memories of those for whom we are too late.
Last February, Roy Johnson of the University of Arizona faculty set out for Green
Valley to share his renowned musical gifts in a piano concert.
On the way home, he was abducted and brutally beaten to death. His daughter,
Jennifer, comes to work here each day at the Office of Legislative Council. Now
she comes carrying a pain that stalks the cheerful spirit we all know.
Jennifer's mother and Roy's widow, Stardust Johnson, still mourn; and the more
so because her tragedy is so soon forgotten in a trail of others. Some time after her
husband was murdered she sent me a letter, which I have saved. Part of it you
should hear.
"It is still astounding and unbelievable to me," she wrote, "that my husband, the
gentlest of men, would be swept up, consumed and tossed aside by such evil. It
reminds us that evil is arbitrary and can strike anyone, anywhere, at any time."
Widows know too well what some others easily forget. In 1995, another group of
police officers also died at the hands of criminals, including Bob Martin of Mesa,
Mike Crowe and Dan Elkins of Yuma, and several others.
We seldom honor the lives of our police until they have been cut short. In their
memory, our best tribute is to rededicate ourselves to fighting crime and criminals.
This year, all can agree that the focus must be on juvenile justice. As you know,
I am working to put the Stop Juvenile Crime Initiative on this year's ballot. And
we welcome any support from the members of this body who have not already
pledged their help.
Monday, January 8, 1996
First Day
The violent teenage criminals now so common in our society should not be thought
of as children. They are perhaps the most dangerous and sociopathic criminals in
the history of our nation.
A fifteen-year-old who commits murder, rape or armed robbery does not belong in
the juvenile justice system. No judge should have the power to leave him there.
The public must hold a continuing discussion through this Legislature and within
each community about all public policy regarding juvenile crime. Where juvenile
crime is concerned, time and circumstances have passed us by. The Stop Juvenile
Crime Initiative empowers the people to build better responses to the problem.
The people can do that. A few weeks ago, I made another visit to one of our
troubled neighborhoods. Bob and Bev Baker shared their Mesa home with me for
a night and gave me a first-hand look at the challenges to their community.
The Bakers don't have to stay in their hard-pressed neighborhood. They choose
to live there because their home has become a point of hope for a lot of kids who
have no family life.
Llke Martha Garcia and her friends from the Maryvale Coalition, Donna O'Neill,
Virginia Ballerin and other Arizonans I have met, the Bakers are true leaders in our
midst. They have enough faith, enough courage and enough kindness in their
hearts to raise a light in the darkness of these crime-ridden communities.
They contend with gunfire and open-air drug markets on a regular basis. They
need our help.
In the past, the Legislature has supported Project Intervention, the GITEM Task
Force, the Safe Schools program and other such worthwhile efforts. This year,
please support the Executive Budget request for $2 million to continue helping the
real leaders who are fighting bravely to reclaim their neighborhoods from crime
and decay.
I also urge you to provide funding requested in my Executive Budget for
construction of additional beds in our juvenile corrections facilities. Even after we
move larger numbers of serious a.,d violent juvenile offenders into the adult
system, we are going to need more juvenile corrections beds by force of
demographics alone.
In both adult and juvenile corrections, we should earnestly pursue privatization
opportunities to save funds, especially capital costs.
EDUCATION
And capital costs, as you well know, present a huge challenge in education as well.
Before this session ends in April, we must devise a responsible means of increasing
access to capital funding for low wealth school districts.
I also urge you to support the current year funding carried in the Executive Budget,
which will further improve fiscal accountability in education finance.
I will continue to work with Legislative leadership and Superintendent of Public
Instruction Lisa Graham Keegan to reach an acceptable compromise on these
funding matters.
7
8 Monday, January 8, 1996
First Day
In the meantime, there are other issues of great importance to the education of
children.
Improvement in our schools begins with performance measurements through
annual standardized testing of our students between grades three and twelve.
Arizona's public school system has gone for too long without direct, measurable
accountability.
Along with more capital funding and more testing, there are a couple things of
which we need less.
We need less bureaucracy and less time wasted on subjects of dubious intellectual
or moral value. Most of all, we need less coercion of parents, many of whom might
think a different school would be better for their child.
We also need to start creating a better world for teachers -- a world which leads
to higher salaries and real market opportunities for the best performers.
There is a widening gulf today between the noble hopes of teachers and the
dubious politics of the teachers' union. Within a few years, we can make Arizona
a place where the nation's finest teachers want to come to work.
In our colleges and universities, we must also be thinking about new and better
worlds of learning and research, for the benefit of students and faculty alike.
Information technology is going to change the face of higher education forever.
Bricks and mortar will be less essential to the college education of tomorrow.
Arizona's universities and colleges can help lead the way.
To all these ends, the means is freedom: Freedom to teach, if you are qualified,
without acquiring "certification" from the education establishment and without
mortgaging your professional soul to a union. Freedom as a parent to place your
child in the school that you believe is best. And freedom as a principal or a school
council to lead a school and make decisions as you see fit.
Charter schools are bringing freedom back to public education, and we must ensure
their orderly growth. And once again, I ask this Legislature to pass a voucher
program to allow some parents to send their student to the school of their choice
public, private or parochial.
To light the fire of learning in our students, light a fire of freedom for the parents
and principals and academic professionals who truly care about their education.
ENVIRONMENTAL CONSERVATION
The growth of our state has pressured more than our school enrollments. It
pressures our environment as well.
This year, I hope every member of this body will support the Arizona Preserve
Initiative.
Among the many things we can do to guide the growth of our state, the Preserve
Initiative is paramount. Remember that the people in this room are stewards of
one of the greatest natural endowments on earth.
The Sonoran Desert and other treasures were created, discovered and left here for
us to enjoy. In return, we are asked to take care of them for our children and
grandchildren. In doing so we preserve not only 700,000 acres of open space; we
preserve our commitment to future generations. & they say in the law of property,
this is a covenant that runs with the land.
Monday, January 8, 1996
First Day
Last year, I decided to veto a bill on environmental self-audits because of some
possible unintended effects. This year, I look forward to working with Senator Jim
Buster, Representative Rusty Bowers, and other stakeholders.
The principles embodied in this legislation are sound. The just purpose of
environmental laws is not punishment; it is compliance. Successful conservation
requires us to build a culture of environmental stewardship in which business is a
full partner.
Deliberate or repeated offenses against the environment and public health should
draw the lash of heavy sanctions. The enforcement arm of the State must
command respect. But there is simply no way for command-and-control
enforcement policy to protect our environment nearly as well as enhanced
voluntary compliance. The rapid growth in our business sector makes this more
true than ever.
FEDERALISM
As you know, all efforts at working out our environmental policies are conducted
with Washington in the way. Here, as elsewhere, our nation has been suffering
from too much power centralized in a huge national bureaucracy. Our federal
government, like the human mind itself, embraces much more than it can master.
From their distant suites in Washington, the potentates of the Potomac wish to
rule over all things with summary orders and high commands. A few weeks ago,
they actually sealed off the Grand Canyon -- "their park" -- one federal
bureaucrat called it, and refused our offer to open it with state personnel.
We worked out an agreement with the Interior Department to keep the park open
during a second federal shutdown. We are grateful to the federal officials who
helped us do that, and to all the private donors who have given money to operate
the park.
But the Grand Canyon belongs to everyone. It should never again be held hostage
to a budget impasse in Washington.
Today, I have a standing offer to make Washington, which I will ask Speaker
Gingrich to take up in Congress. Arizona will be happy to assume management of
Grand Canyon National Park. We will operate it for less money, and neither the
visitors from around the world nor the citizens of Northern Arizona will ever need
to worry again about their vacations or their livelihoods being ruined by federal
government shutdowns.
The episode with the Grand Canyon is one example of Washington's imperial
ways. There are others, most of which involve big plans and programs with very
small returns. The history of modem Washington is one long sequence of
bait-and-switch. The promise is always excellent; the product merely expensive.
Washington always claims to be setting us free, then throws us into bondage.
Consider our welfare state, which is Washington's crowning achievement on behalf
of the poor. Looking back at 30 years of staggering cost and futility, it brings to
mind the remark of an American GI when he entered a decimated French village
toward the end of World War II. "Well," he said, "we sure liberated the hell out
of this place!"
Well, relief is finally in sight The =rent Congress is working not only to balance
the budget, but to return power to the states and the people.
9
IO Monday, January 8, 1996
First Day
Very soon, Congress is going to be sending us block grants. The choice of how to
spend the money will be in the hands of the states, where it belongs.
Now this may shock the press, and confound all those with a morbid fear of
creeping executive power. But I am all in favor of the Legislature exercising
appropriations power over block granted funds, and all other funds which have
previously been outside Legislative review.
Do the State a favor, though, and grant the Executive a clearly defined line-item
reduction authority over the state budget. Together, those measures will put the
state on a solid fiscal and constitutional footing.
THEFUTURE
I want to close with a few thoughts about our future, which I believe is going to be
very bright. Just as we are using new technologies to make our lives simpler, we are
returning to old and faithful principles that will make us a better people. That's
a -winning combination.
Commentators are occasionally heard these days describing America as a nation
which has lost its innocence. The observation carries some weight, especially in
light of the troubles among some of our youth.
Young people are much affected by the influences of the culture, and the world
today seems to be offering too many bad influences and not enough good ones. As
you survey our social landscape, it is worth considering whether we have not
foolishly abandoned innocence as something to honor and protect.
Still more, it is worth considering the millions of Americans and Arizonans who are
trying so hard to get it back. Our innocence is never really lost, you know. It is
only forgotten. And then it waits there for us, until we return.
I think about these things sometimes on our chilled -winter mornings, during my
climbs up one of the city's mountains.
The cold air adds to a stillness you can feel, and a silence you can hear. And there
in the pre-dawn starlight, you are far away from the heated business of politics and
public life. There is no sound at all most of the time, only the occasional call of an
owl, echoing through the vacant canyon like a voice across the years.
Looking across a city still asleep, much like looking in on a sleeping child, always
delivers gentle thoughts and a feeling of peace.
Trudging up the incline, pushing sore and tired legs, you feel the hard earth rising
beneath your feet. And you consider whether God made mountains to remind us
that hope and struggle are always found in the same place. Each one leads always
back to the other.
Moving through the darkness, you look East. In the distance are the first lights of
dawn: The same first lights all men have seen for thousands of years; the same
lights that first disclosed these mountains and deserts to human eyes.
And you remember there in the dark that the story of America, and just as much
the story of Arizona, is one of hope and struggle equally embraced; of decent
people overcoming all the hardships left in their path and never forgetting those
who struggle still.
Monday, January 8, 1996
First Day
Sometimes it's easy to forget the place each of us has in that story. No matter
what we do in life, what job we have, what station we occupy, each of us has been
assigned a part only we can fill. No one can fill it for us.
Moved by that same conviction, our ancestors took this unpromising desert and
made of it modem Arizona. From age to age has passed the same pilgrim faith that
carried them here, and carries us even now, ever ancient and ever new.
How wonderful to share that faith, a faith that promises immortal rewards. And
what a privilege to hold a small part in the story; to fight for the right in full
confidence that the struggle itself -- the will to go on climbing no matter what
is all we are asked by a loving God to give.
Thank you, God bless you and God bless Arizona.
The Joint Committee escorted the Governor from the House chamber.
At 1: 11 p.m. the joint session was dissolved.
11
JOHN GREENE
President of the Senate
SHIRLEY L. WHEATON
Secretary of the Senate
NORMAN L. MOORE
Chief Clerk of the
House of Representatives
.MARK W. IGLLIAN
Speaker of the
House of Representatives
President Pro Tempore Wettaw called the Senate to order at 1:24 p.rn.
EXECUTIVE NOMINATIONS
The President Pro Tempore announced communications from Governor Fife Symington
as follows:
The Honorable John Greene
President of the Senate
Senate Wing, Room 204
Phoenix, AZ 85007
Dear President Greene:
December 15, 1995
Pursuant to law, I have designated the following individual to serve as Director of
the Department of Gaming:
Gary A. Husk
5314 East Dragoon
Mesa, AZ 85206
12 Monday, January 8, 1996
First Day
Board Position: Director
Date of Appointment: August 14, 1995
Term Beginning: July 13, 1995
Term Ending: At the pleasure of the Governor
Replacing: New position
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as Director of
the Governor's Telecommunications Policy Office:
John B. Kelly
5730 East Aster
Scottsdale, AZ 85254
Board Position: Director
Date of Appointment: July 13, 1995
Term Beginning: July 13, 1995
Term Ending: At the pleasure of the Governor
Replacing: New position
I respectfully request confirmation of this appointment by your Honorable Body.
The nominations were referred to the Committee on Commerce and Economic
Development.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona Navigable Stream Adjudication Commission:
Gail M. Getzwiller
Spear G Ranch
Post Office Box 36
Benson, AZ 85602
Board Position: Democrat
Date of Appointment: June 20, 1995
Term Beginning: June 20, 1995
Term Ending: July 1, 2000
Replacing: Margaret S. Peterson (resigned)
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Water Quality Appeals Board:
Herman Bouwer
338 E. LaDiosa
Tempe, AZ 85282
Monday, January 8, l 996
FirrstDay
Board Position: Water expert
Date of Appointment: November 1. 1995
Term Beginning: January 16, 1995
Term Ending: January 19, 1998
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as Director of
the Department of Environmental Quality:
Russell Rhoades
7 400 E. Gainey Club Dr., # 117
Scottsdale, AZ 85258
Board Position: Director
Date of Appointment: September 28, 1995
Term Beginning: November I, 199 5
Term Ending: At the pleasure of the Governor
Replacing: Edward Fox
I respectfully request confirmation of this appoint~ent by your Honorable Body.
13
The nominations were referred to the Committee on Natural Resources, Agriculture and
Environment.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and
placed under second reading of bills:
Senate Bill 1001: An Act amending section 38-651, ARS, as amended by Laws 1994,
chapter 62, section 1 and chapter 356, section l; amending section 38-651, ARS, as
amended by Laws 1995, chapter 241, section 20; providing for the delayed repeal of section
38-651, ARS, as amended by section l of this act; relating to health and accident insurance.
Senate Bill 1002: An Act amending section 13-4077, ARS; relating to attendance of
witnesses.
Senate Bill 1003: An Act amending section 38-610, ARS; relating to public officers and
employees.
Senate Bill 1004: An Act amending section 38-767, ARS; relating to the Arizona state
retirement system.
Senate Bill 1005: An Act amending Laws 1992, chapter 132, section 3; amending Laws
1992, chapter 132, section 4, as amended by Laws 1994, chapter 6, section l; relating to
the Desert Storm memorial.
Senate Bill 1006: An Act amending sections 41-1521 through 41-1525, 42-162, 43-1074
and 43-1161, ARS; amending title 41, chapter 10, article 2, ARS, by adding section
41-1525.01; repealing Laws 1989, chapter 194, section 11; providing for delayed repeal of
title 41, chapter 10, article 2, ARS; providing for delayed repeal of sections 43-1074 and
43-1161, ARS; relating to enterprise zones.
14 Monday, January 8, 1996
First Day
Senate Bill 1007: An Act amending title 36, ARS, by adding chapter 31; relating to aid in
dying.
Senate Bill 1008: An Act amending title 14, chapter 7, ARS, by adding article 6; relating
to the revised Arizona prudent investor act.
Senate Bill 1009: An Act amending sections 26-151 and 26-153, ARS; relating to national
guard financing.
Senate Bill 1010: An Act amending sections 2-364 and 41-1533, ARS; repealing section
41-1534, ARS; relating to joint legislative military airport reuse committee.
Senate Bill IO 11: An Act amending section 41-821, ARS; amending section 41-2996.06,
ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-2999.10; relating
to the Arizona historical society.
Senate Bill 1012: An Act amending section 41-2996.06, ARS; amending title 41, chapter
27, article 2, ARS, by adding section 41-3006.0 l; relating to the Prescott historical society.
Senate Bill 1013: An Act repealing section 41-2996.26, ARS; amending title 41, chapter 27,
article 2, ARS, by adding section 41-3006.01; relating to the department of administration.
Senate Bill 1014: An Act repealing section 41-2996.13, ARS; amending title 41, chapter 27,
article 2, ARS, by adding section 41-3006.01; relating to the election officer education,
training and certification advisory committee.
Senate Bill 1015: An Act repealing section 41-2996.16, A.RS; amending title 41, chapter 27,
article 2, ARS, by adding section 41-3006.01; relating to the board of homeopathic medical
examiners.
Senate Bill 1016: An Act amending section 15-1723, A.RS; repealing section 41-2996.07,
ARS; amending title 41, chapter 27, article 2, A.RS, by adding section 41-3001.02;
providing for the continuation of the board of medical student loans.
Senate Bill IO 17: An Act amending section 41-2616, ARS; relating to the procurement
code.
Senate Bill IO I 8: An Act amending sections 28-205 and 28-372, ARS; relating to special
plates.
Senate Bill 1019: An Act amending sections 6-101, 6-123, 6-128, 6-140, 6-183, 6-184,
6-186, 6-187, 6-189, 6-192, 6-241, 6-271, 6-272, 6-322, 6-324, 6-326 and 6-327, A.RS;
amending title 6, chapter 2, article 7, ARS, by adding sections 6-328 through 6-331;
amending sections 6-100 I and 6-1113, ARS; relating to banks and financial institutions.
Senate Bill 1020: An Act amending sections 20-234, 20-488, 20-488.01, 20-488.02,
20-488.07, 20-488.08, 20-488.09, 20-615, 20-619 and 20-882, ARS; amending title 20,
chapter 2, article 12, ARS, by adding section 20-488.11; changing the designation of title
20, chapter 2, article 12, ARS, to "risk-based capital for insurers"; amending title 20,
chapter 3, ARS, by adding article 8; amending title 20, A.RS, by adding chapter 16; relating
to insurer insolvency.
Senate Bill I 021: An Act establishing the procedure for construction of a combat wounded
veterans' memorial in Wesley Bolin plaza.
Senate Bill 1022: An Act amending section 32-2121, ARS; relating to real estate licensing.
Monday, January 8, 1996
First Day
15
Senate Bill 1023: An Act amending section 32-2121, ARS; relating to real estate licensing.
Senate Bill 1024: An Act amending section 15-203, ARS; relating to the certification of
teachers.
Senate Bill 1025: An Act amending section 15-1326, ARS; relating to the Arizona state
schools for the deaf and the blind.
Senate Bill 1026: An Act amending section 15-943.01, ARS; relating to school district
budgeting and financial assistance.
Senate Bill 1027: An Act amending section 15-213, ARS; relating to school district
procurement.
Senate Bill 1028: An Act amending section 15-1325, ARS; relating to the state schools for
the deaf and the blind.
Senate Bill 1029: An Act amending Laws 1994, chapter 254, section 10; relating to school
district performance surveys.
Senate Bill 1030: An Act amending section 15-918.02, ARS; relating to school district
career ladder programs.
Senate Bill 1031: An Act amending section 28-422, ARS; relating to driver licenses.
Senate Bill 1032: An Act amending section 28-627, ARS; relating to local authority traffic
regulation powers.
Senate Bill 1033: An Act repealing section 11-415, ARS; amending section 11-493, ARS;
repealing section 11-634, ARS; amending title 11, chapter 4, article 2, ARS, by adding a
new section 11-634; amending section 11-641, ARS; repealing sections 11-644 and 11-664,
ARS; amending title 11, chapter 4, article 2, ARS, by adding a new section 11-644;
amending title 11, chapter 4, article 3, ARS, by adding a new section 11-664; amending
sections 11-1008, 11-1011, 12-129, 12-284.01, 12-305, 12-863, 12-2029 and 13-3942,
ARS; repealing section 13-4077, ARS; amending title 13, chapter 38, article 21, ARS, by
adding a new section 13-4077; amending sections 15-1022 and 15-1025, ARS; repealing
section 15-1026, ARS; amending section 15-1027, ARS; amending sections 31-227, 33-812,
33-1023, 35-311, 48-252, 48-1591, 48-3117, 48-3120, 48-3124 and 48-4025, ARS; relating
to county treasurers.
Senate Bill 1034: An Act amending section 15-13 72, ARS; relating to the state educational
system for committee youth.
Senate Bill 1035: An Act amending sections 4-112, 9-462.01, 12-991, 36-601 and 36-602,
ARS; amending title 11, chapter 2, article 4, ARS, by adding section 11-251.10; relating to
nuisances.
Senate Bill 1036: An Act amending sections 41-1531, 41-1532, 42-162, 42-1310.16,
43-1079 and 43-1167, ARS; relating to military reuse zones.
Senate Bill 1037: An Act amending sections 9-10 I, 9-101.02, 9-102, 9-121, 9-131, 9-204,
9-218, 9-231, 9-403, 9-502, 15-403, 15-459, 15-481, 15-491 and 15-1404, ARS; amending
title 16, chapter 2, article 1, ARS, by adding sections 16-204 and 16-205; amending section
16-225, ARS; relating to consolidation of elections.
Senate Bill 1038: An Act amending title 35, ARS, by adding chapter I. I; amending section
41-1272, ARS; relating to appropriation of federal monies.
16 Monday, January 8, 1996
First Day
Senate Bill 1039: An Act amending section 15-341, ARS; amending section 15-905, ARS,
as amended by Laws 1995, chapter 191, section 9; repealing section 15-905, ARS, as
amended by Laws 1995, chapter 196, section 8; amending sections 15-910, 15-943 and
15-947, ARS; amending title 15, chapter 9, article 4, ARS, by adding sections 15-965 and
15-966; amending section 15-971, ARS; amending title 15, chapter 9, ARS, by adding
article 8; amending title 41, chapter 27, article 2, ARS, by adding section 41-3006.01;
amending Laws 1995, chapter 191, section 24; amending Laws 1994, chapter 254, section
2; making an appropriation; relating to school district budgeting and financial assistance.
Senate Bill 1040: An Act amending sections 20-841, 20-934, 20-1057, 20-1376 and
20-1406, ARS; amending title 20, chapter 4, article 3, ARS, by adding section 20-845;
amending title 20, chapter 4, article 5, ARS, by adding section 20-956; amending title 20,
chapter 4, article 9, ARS, by adding section 20-1077; amending title 20, chapter 6, article
4, ARS, by adding section 20-1379; amending title 20, chapter 6, article 5, ARS, by adding
section 20-1412; relating to insurance coverage.
Senate Bill 1041: An Act amending title 28, chapter 6, article 15, ARS, by adding section
28-911; relating to use of high occupancy vehicle lanes.
Senate Bill 1042: An Act amending section 48-724, ARS; relating to community facilities
districts.
Senate Bill 1043: An Act amending title 1, ARS, by adding chapter 5; amending title 12,
chapter I, ARS, by adding article 5; relating to illegal immigrants.
Senate Bill 1044: An Act amending section 43-1022, ARS; relating to individual income 'tax
subtractions.
Senate Bill 1045: An Act amending section 28-105, ARS; relating to the state
transportation board.
ADJOURNMENT
Upon motion of Senator Bee and agreed to, the Senate adjourned at 1 :29 p.m. until
Tuesday, January 9, 1996 at 11:00 a.m.
ATTEST:
SHIRLEY L. WHEATON
Secretary of the Senate
JOHNWETTAW
President Pro Tempore of the Senate
JOURNAL OF THE SENATE
Tuesday, January 9, 1996
Second Day
The Senate convened at 11 :00 a.m.
Monsignor Ryle, Arizona Catholic Conference, offered prayer.
Pledge of Allegiance to the Flag was led by Senator Barnes.
The following Senators answered on roll call:
17
Arzberger, Barnes, Bee, Brewer, Bums, Buster, Chastain, Chesley, Day, Gnant, Goudinoff,
Hardt, Hartley, Henderson, Huppenthal, I<aites, Kennedy, Noland, Patterson, Pena,
Petersen, Richardson, Solomon, Soltero, Spitzer, Springer, Turner, Wettaw, President
Greene
Senator Cummiskey was excused due to illness.
JOURNAL
The President announced that without objection reading of the Journal of
Monday, January 8, 1996 was dispensed with and approved as recorded by the Secretary.
EXECUTIVE NOMINATIONS
The President announced communications from Governor Fife Symington as follows:
December 15, 1995
The Honorable John Greene
President of the Senate
Senate Wing, Room 204
Phoenix, AZ 85007
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Commerce and Economic Development Commission:
Stephen H. Roman
3022 N. Manor Drive East
Phoenix, AZ 85014
Board Position: NIA
Date of Appointment: March 17, 1995
Term Beginning: January 16, 1995
Term Ending: January 19, 1998
Replacing: James E. Neihart
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the State Liquor Board:
18
Victor L. Shotton
Tuesday, January 9, 1996
Second Day
807 W. Soto, PO Drawer H
Willcox, AZ 85 644
Board Position: Cochise County (DJ
Date of Appointment: June 26, 1995
Term Beginning: January 16, 1995
Term Ending: January 19, 1998
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona Space Commission:
Charles E. Backus
6001 S. Power Rd., #9152
Mesa, AZ 85206
Board Position: Scientific initiatives concerning space
resource/characterization and utilization
Date of Appointment: August 25, 1995
Term Beginning: July l, 1995
Term Ending: January 20, I 997
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona Space Commission:
Ronald F. Taylor
14428 South 25 Place
Phoenix, AZ 85048
Board Position: Space Related R&D
Date of Appointment: August 25, I 995
Term Beginning: July I, 1995
Term Ending: January 20, I 997
Replacing: Reappointment (first time confirmation hearings)
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona Space Commission:
Leslie I. T ennen
6903 W. Thomas
Phoenix, AZ 85033
Tuesday, January 9, l 996
Second Day
Board Position: Mechanics for Infrastructure Improvements
Date of Appointment: August 25, 1995
Term Beginning: July!, 1995
Term Ending: January 20, 1997
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
January 2, 1996
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona State Lottery Commission:
Dennis Lambson
1846 East Glencove Street
Mesa, AZ 85203
Board Position: Certified Public Accountant
Date of Appointment: December!, 1995
Term Beginning: January 16, 1995
Term Ending: January 17, 2000
Replacing: Jess Finerman
I respectfully request confirmation of this appointment by your Honorable Body.
19
The nominations were referred to the Committee on Commerce and Economic
Development.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona Board of Regents:
Donald J. Ulrich, Jr.
5302 E. Desert Vista Rd.
Paradise Valley, AZ 85253
Date of Appointment: November 15, 1995
Term Beginning: January 15, 1996
Term Ending: January 19, 2004
Replacing: Douglas Wall
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the State Board for Charter Schools:
20
James M. Bush
77 East Missouri
Phoenix, AZ 85012
Tuesday, January 9, l 996
Second Day
Board Position: Public Member
Date of Appointment: March 29, 1995
Term Beginning: March 29, 1995
Term Ending: January 20, 1997
Replacing: New Board
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the State Board for Charter Schools:
Douglas Pike
3319 W. Michigan Avenue
Phoenix, AZ 85023
Board Position: Business Representative
Date of Appointment: March 29, 1995
Term Beginning: March 29, 1995
Term Ending: January 20, 1997
Replacing: New Board
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the State Board of Directors for Community Colleges:
Jessie A. Slade
P.O. Box 789
Springerville, AZ 85938
Board Position: Apache County Representative
Date of Appointment: October 15, 1995
Term Beginning: October 15, 1995
Term Ending: January 19, 1998
Replacing: Robert J. McKenzie
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the State Board of Education:
Bruce Kulp
P.O. Box 1338
Parker, AZ 85344
Tuesday, January 9, 1996
Second Day
Board Position: County School Superintendent
Date of Appointment: November 2, 1995
Term Beginning: November 2, 1995
Term Ending: January 19, 1998
Replacing: Paul N. Street
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Commission for Postsecondary Education:
Gherald L. Hoopes, Jr.
1502 12th Avenue
Safford, AZ 85546
Board Position: State Community College District in County
with less than 500,000 population
Date of Appointment: March 20, 1995
Term Beginning: January 16, 1995
Term Ending: January 18, 1999
Replacing: Reconstituted Board
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the State Board for Private Postsecondary Education:
James A Dugan
14241 N. 43rd Street
Phoenix, AZ 85032
Board Position: Private, Postsecondary - B.A. or above
Date of Appointment: May 15, 1995
Term Beginning: January 16, 1995
Term Ending: January 18, 1999
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the State Board for Private Postsecondary Education:
21
22
Donald F. Jackson
Tuesday, January 9, 1996
Second Day
9494 E. Redfield, #2 IO I
Scottsdale, AZ 85260
Board Position: Business and Industry
Date of Appointment: July 26, 1995
Term Beginning: January 16, 1995
Term Ending: January 18, 1999
Replacing: Anthony P. Lincoln
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law. I have designated the following individual to serve as a member
of the State Board for Private Postsecondary Education:
Marilyn E. Pobiak
10040 E. Happy Valley Road, #297
Scottsdale, AZ 85255
Board Position: Vocational School
Date of Appointment: May 15, 1995
Term Beginning: January 16, 1995
Term Ending: January 18, 1999
Replacing: Robert Hartman
I respectfully request confirmation of this appointment by your Honorable Body.
The nominations were referred to the Committee on Education.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the State Board of Equalization:
George M. Griswold
10342 E. Via Alta Mira
Tucson, AZ 85748
Board Position: Pima County
Date of Appointment: August I, 1995
Term Beginning: August I, 199 5
Term Ending: January 20, 1997
Replacing: James S. Culbreth (resigned)
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Municipal Tax Code Commission:
Philip L. IGng
217 E. Delano
Prescott, AZ 86301
Tuesday, January 9, l 996
Second Day
Board Position: Councilman, City of Prescott
Date of Appointment: March 29, 1995
Term Beginning: March 29, 1995
Term Ending: January 20, 1997
Replacing: Reconstituted Board
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Public Safety Personnel Retirement System Fund Manager:
Carmen "Chuck" Torrie
830 Arroyo Drive
Prescott, AZ 86303
Board Position: Representing Employees
Date of Appointment: July 7, 1995
Term Beginning: January 16, 1995
Term Ending: January 19, 1998
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Retirement System Investment Advisory Council:
Karl L. Polen, Jr.
2420 E. Sapium Way
Phoenix, AZ 85048
Board Position: Also appointed to State Retirement System Board
Date of Appointment: April 25, 1995
Term Beginning: January 16, 1995
Term Ending: January 20, 1997
Replacing: Norman L. Miller
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Retirement System Investment Advisory Council:
Ray Rottas
5525 E. Llncoln Drive, # 120
23
24 Tuesday, January 9, l 996
Second Day
Paradise Valley, AZ 85253
Board Position: NIA
Date of Appointment: April 25, 1995
Term Beginning: January I 6, 1995
Term Ending: January 20, I 997
Replacing Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, I 995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the State Retirement System Board:
Chuck Essigs
10300 North 124 Street
Scottsdale, AZ 85259
Board Position: Educator
Date of Appointment: May 22, I 995
Term Beginning: January 16, 1995
Term Ending: January I 9, I 998
Replacing: Reginald Barr
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the State Retirement System Board:
Karl L. Polen, Jr.
2420 E. Sapium Way
Phoenix, AZ 85048
Board Position: Public Member
Date of Appointment: May 30, I 995
Term Beginning: January 16, I 995
Term Ending: January 19, I 998
Replacing: Susan R Burns
I respectfully request confirmation of this appointment by your Honorable Body.
The nominations were referred to the Committee on Finance.
December 15, I 995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Disease Control Research Commission:
Orme Lewis, Jr.
Tuesday, January 9, 1996
Second Day
4325 E. Palo Verde Drive
Phoenix, AZ 85018
Board Position: Public Member
Date of Appointment: July 26, 1995
Term Beginning: May 1, 199 5
Term Ending: April 30, 1998
Replacing: Barbara McConnell Barrett
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Disease Control Research Commission:
Patricia D. Moore
31 East 14 Street
Tempe, AZ 85281
Board Position: Medical Community
Date of Appointment: July 26, 1995
Term Beginning: May!, 1995
Term Ending: April 30, 1998
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Disease Control Research Commission:
Henry Courtland Reeves
3108 South Golf Drive
Tempe, AZ 85282
Board Position: Research Community
Date of Appointment: October 4, 1995
Term Beginning: October 4, 1995
Term Ending: April 30, 1996
Replacing: James Bloedel
I respectfully request confirmation of this appointment by your Honorable Body.
The nominations were referred to the Committee on Health.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Commission on Appellate Court Appointments:
25
26
Dawn G. Milroy
Tuesday, January 9, 1996
Second Day
12700 Greaterville Road
Sonoita, AZ 85637
Board Position: Non-Attorney
Date of Appointment: November 8, 1995
Term Beginning: January 16, 1995
Term Ending: January 18, 1999
Replacing: Laura Almquist
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Commission on Appellate Court Appointments:
Odiemae Lucas Elliot
2041 N. El Moraga Drive
Tucson, AZ 85745-9622
Board Position: Non-Attorney
Date of Appointment: November 8, 1995
Term Beginning: November 8, 1995
Term Ending: January 19, 1998
Replacing: G. Hank Williams
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Commission on Appellate Court Appointments:
Noreen L. Sharp
2809 W. Villa Maria
Phoenix, AZ 85023
Board Position: Attorney (D)
Date of Appointment: July 6, 1995
Term Beginning: July 6, 1995
Term Ending: January 19, 1998
Replacing: Jack Barker (Roxanna Bacon not confirmed by Senate last session)
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Commission on Appellate Court Appointments:
Denice R Shepherd
4826 E. Copper Street
Tucson, AZ 85712
Tuesday, January 9, 1996
Second Day
Board Position: Attorney (R)
Date of Appointment: January 30, 1995
Term Beginning: January 16, 1995
Term Ending: January 18, 1999
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Board of Executive Clemency:
Howard M. Jarrett
4228 East Hope
Mesa, AZ 85205
Board Position: Law Enforcement
Date of Appointment: September 11, 1995
Term Beginning: January 16, 1995
Term Ending: January 17, 2000
Replacing: Anna M. Riddell
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Psychiatric Security Review Board:
Steven F. Dingle, M.D.
4127 E. Holmes Avenue
Mesa, AZ 85206
Board Position: Psychiatrist experienced in criminal justice,
not contracted by state
Date of Appointment: July 26, 1995
Term Beginning: June 30, 1995
Term Ending: June 30, 1999
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Psychiatric Security Review Board:
JackA Keller
7540 E. Edgewood Circle
Mesa, AZ 85208
27
28 Tuesday, January 9, l 996
Second Day
Board Position: Public Member
Date of Appointment: October 5, 1995
Term Beginning: October 4, 1995
Term Ending: June 30, 1996
Replacing: Jan E. Kearney
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Commission on Trial Court Appointments, Maricopa County:
Carolyn N. Crandell
1035 W. 4th Place
Mesa, AZ 8520 I
Board Position: Non-Attorney - District II (R)
Date of Appointment: October 5, 1995
Term Beginning: October 5, 1995
Term Ending: January 19, 1998
Replacing: Louise Udall
I respectfully request confirmation of this appointment by your Honorable Body ..
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Commission on Trial CourtAppointments, Maricopa County:
Anne L. Kleindienst
23 East San Miguel Avenue
Phoenix, AZ 85012
Board Position: Attorney Member - District 3 (R)
Date of Appointment: July 6, 1995
Term Beginning: January 16, 1995
Term Ending: January 18, 1999
Replacing: Jessica G. Funkhouser
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Commission on Trial Court Appointments, Maricopa County:
Edward F. Novak
902 East Mescal
Phoenix, AZ 85020
Board Position: Attorney Member - District 4 (D)
Date of Appointment: July 6, 1995
Tuesday, January 9, l 996
Second Day
Term Beginning: January 16, 1995
Term Ending: January 18, 1999
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Commission on Trial Court Appointments, Pima County:
Frances LeMay Janssen
4450 E. Saranac Drive
Tucson, AZ 85718
Board Position: Non-Attorney Member - District 1 (D)
Date of Appointment: July 6, 1995
Term Beginning: January 16, 1995
Term Ending: January 18, 1999
Replacing: Margaret C. Kenski
I respectfully request confirmation of this appointment by your Honorable Body.
The nominations were referred to the Committee on Judiciary.
January 2, 1996
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona State Parks Board:
Vernon Roudebush
2505 S. 14th Avenue
Safford, AZ 85546
Board Position: Public Member
Date of Appointment: December 5, 1995
Term Beginning: January 15, 1996
Term Ending: January 21, 2002
Replacing: Billie Axline Gentry
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona Navigable Stream Adjudication Commission:
Cecil H. Mill er, Jr.
1029 Acacia Circle
Litchfield Park, AZ 85340
Board Position: Republican
Date of Appointment: June 20, 1995
29
30 Tuesday, January 9, 1996
Second Day
Term Beginning: June 20, 1995
Term Ending: July I, 2000
Replacing: Harold Ramsbacher
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona Navigable Stream Adjudication Commission:
Earl D. Eisenhower
5921 E. Cheney
Paradise Valley, AZ 85253
Board Position: Republican
Date of Appointment: June 20, 1995
Term Beginning: June 20, 1995
Term Ending: July I, 2000
Replacing: Troy L. Pewe (resigned)
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Commission on the Arizona Environment:
Timothy J. Harrison
5175 W. Paseo de! Campo
Tucson, AZ 85745
Board Position: NIA
Date of Appointment: March 13, 1995
Term Beginning: January 16, 1995
Term Ending: January 15, 2001
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona State Parks Board:
Ruth Udall Patterson
320 S. 1st West
Post Office Box 156
St. Johns, AZ 85936
Board Position: Livestock
Date of Appointment: March 20, 1995
Term Beginning: January 17, 1994
Tuesday, January 9, 1996 ·
Second Day
Term Ending: January 17, 2000
Replacing: Dean Flake
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the State Land Department Board of Appeals:
Douglas C. Jackson
1212 N. La Costa
Flagstaff, AZ 86004
Board Position: District 3: Mohave, Yavapai, Coconino, Apache and Navajo
Date of Appointment: July 28, 1995
Term Beginning: July 28, 1995
Term Ending: January 19, 1998
Replacing: Melinda L. Garrahan (resigned)
I respectfully request confirmation of this appointment by your Honorable Body.
31
The nominations were referred to the Committee on Natural Resources, Agriculture and
Environment.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona State Board of Pharmacy:
Dennis K. McAllister
8060 High Road
Hereford, AZ 85615
Board Position: Pharmacist
Date of Appointment: December 5, 1995
Term Beginning: January 16, 1996
Term Ending: January 15, 2001
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as Director of
the Registrar of Contractors:
Michael P. Goldwater
6629 E. Lafayette Blvd.
Scottsdale, AZ 85251
Board Position: Director
Date of Appointment: January I, 1995
32 Tuesday, January 9, 1996
Second Day
Tenn Beginning: January I, 1995
Term Ending: January 1999
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Allopathic Board of Medical Examiners:
William Waldo, M.D.
1481 Larson Road
Route 2, Box I236F
Lakeside, AZ 85929
Board Position: General SUigery
Date of Appointment: October 30, 1995
Term Beginning: July I, 1995
Tenn Ending: July I, 2000
Replacing: William Holsey, M.D.
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 199 5
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona State Veterinary Medical Examining Board:
Margaret S. Wright
3623 N. 54th Court
Phoenix, AZ 85018
Board Position: Public Member
Date of Appointment: October 15, 1995
Tenn Beginning: October 15, 1995
Term Ending: October 31, 2000
Additional position created by Legislature
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Arizona State Boxing Commission:
Sally Garza Fernandez
6011 N. Desert Moon Ct.
Tucson, AZ 85715
Board Position:
Date of Appointment: April 10, 1995
Term Beginning: January 16, 1995
Term Ending: January 19, 1998
Replacing: Maurice Dale
Tuesday, January 9, 1996
Second Day
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Board of Physical Therapy Examiners:
William Robert Finn
15620 N. 19th Street
Phoenix, AZ 85022
Board Position: Public Member
Date of Appointment: August 23, 1995
Term Beginning: January 16, 1995
Term Ending: January 17, 2000
Replacing: David Bell
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the State Board of Psychologist Examiners:
David P. Yandell
5420 S. Marine Drive
Tempe, AZ 85283
Board Position: Licensed Psychologist in Private Practice
Date of Appointment: October 4, 1995
Term Beginning: January 16, 1995
Term Ending: January 17, 2000
Replacing: Reappointment
I respectfully request confirmation of this appointment by your Honorable Body.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as a member
of the Structural Pest Control Commission:
Joan W. Dodd
1211 N. Tatum Blvd., # 130
Phoenix, AZ 85028
Board Position: Public Member
Date of Appointment: May 2, 1995
Term Beginning: May 2, 1995
Term Ending: January 20, 1997
Replacing: Paul T. Mortensen (resigned/no longer eligible)
I respectfully request confirmation of this appointment by your Honorable Body.
The nominations were referred to the Committee on Professions and Employment.
33
34 Tuesday, January 9, 1996
Second Day
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and
placed under second reading of bills:
Senate Bill 1046: An Act amending Laws 1995, first special session, chapter 2, section 3;
relating to corrections construction.
Senate Bill 1047: An Act amending Laws 1995, first special session, chapter 2, section 4;
relating to capital outlay.
Senate Bill 1048: An Act amending Laws 1995, chapter 283, section 5; repealing Laws
1993, chapter 252, section 13, as amended by Laws 1995, chapter 283, section 4; relating
to state program authorization review.
Senate Bill I 049: An Act amending section 13-2308.01, ARS; relating to terrorism.
Senate Bill 1050: An Act amending sections 13-3551, 13-3552, and 13-3553, ARS; relating
to sexual exploitation of children.
Senate Bill 1051: An Act amending sections 13-702 and 13-703, ARS; relating to
imprisonment.
Senate Bill 1052: An Act amending section 32-701.01, ARS; relating to professional limited
liability companies.
Senate Bill 1053: An Act amending title 15, chapter 3, article 3, ARS, by adding section
15-342.01; relating to deregulated school districts.
Senate Bill 1054: An Act amending section 44-6555, ARS; relating to solicitation of funds
for charitable purposes.
SECOND READING AND REFERENCE OF BILLS
The following bills were read the second time by number and short title and referred to
committees:
Senate Bill 1001: to Appropriations
Senate Bill 1002: to Government
Senate Bill 1003: to Government
Senate Bill 1004: to Finance
Senate Bill 1005: to Government
Senate Bill 1006: to Commerce and Economic Development; Finance
Senate Bill 1007: to Health
Senate Bill 1008: to Commerce and Economic Development
Senate Bill 1009: to Government; Appropriations
Senate Bill 1010: to Government
Senate Bill 1011: to Government
Senate Bill 1012: to Government
Senate Bill 1013: to Government
Senate Bill 1014: to Government
Senate Bill 1015: to Professions and Employment
Senate Bill 1016: to Health
Senate Bill 1017: to Government
Senate Bill 1018: to Transportation
Senate Bill 1019: to Banking and Insurance
Tuesday, January 9, 1996
Second Day
Senate Bill 1020: to Banking and Insurance
Senate Bill 1022: to Professions and Employment
Senate Bill 1023: to Professions and Employment
Senate Bill 1024: to Education
Senate Bill 1025: to Education
Senate Bill 1028: to Education
Senate Bill 1029: to Education
Senate Bill 1031: to Transportation
Senate Bill 1032: to Transportation
Senate Bill 1033: to Government
Senate Bill 1034: to Education; Appropriations
ADJOURNMENT
35
Upon motion of Senator Patterson and agreed to, the Senate adjourned at 11 :25 a.m. until
Wednesday, January 10, 1996 at 11:00 a.m.
ATTEST:
SHIRLEYL. WHEATON
Secretary of the Senate
JOHN GREENE
President of the Senate
36 JOURNAL OF THE SENATE
Wednesday, January IO, 1996
Third Day
The Senate convened at 11 :00 a.m.
Senator Chesley offered prayer.
Pledge of Allegiance to the Flag was led by Senator Brewer.
The following Senators answered on roll call:
Arzberger, Barnes, Bee, Brewer, Bums, Buster, Chastain, Chesley, Day, Gnant, Goud.inoff,
Hardt, Hartley, Henderson, Huppenthal, Kaites, Kennedy, Noland, Patterson, Pena,
Petersen, Richardson, Solomon, Soltero, Spitzer, Springer, Turner, Wettaw, President
Greene
Senator Cummiskey was excused due to illness.
JOURNAL
The President announced that without objection reading of the Journal of Tuesday, January
9, 1996 was dispensed with and approved as recorded by the Secretary.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and
placed under second reading of bills:
Senate Bill 1055: An Act amending section 41-2302, ARS; repealing section 41-2996.01,
ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3006.01; relating
to the office of tourism.
Senate Bill 1056: An Act amending sections 3-204, 3-205, 3-205.02, 3-214.01, 3-215.01,
3-234, 3-269, 3-276, 3-306, 3-913, 3-933, 3-934, 3-1005, 3-1377, 3-1721, 3-2612, 3-2912,
12-910, 15-1745, 20-668, 23-705, 23-907, 23-926, 23-930, 32-305, 32-505, 32-705,
32-1212, 32-1307, 32-1611, 35-141, 36-431.01, 36-446.03, 36-446.08, 36-882, 36-891,
36-897.01, 36-897.06, 36-3009, 40-442, 41-1021, 41-1024, 41-1031, 41-1052, 41-1092,
41-1092.01, 41-1092.02, 45-316, 45-635, 45-876.01, 45-877.01, 45-878.01, 45-882.01,
45-1004, 45-1063, 49-113, 49-262, 49-263, 49-284, 49-287, 49-288, 49-304, 49-354,
49-355, 49-455, 49-463, 49-464, 49-923, 49-924 and 49-932, ARS; amending section
49-282, ARS, as amended by Laws 1995, chapter 202, section 8; repealing sections
36-431.02 and 45-637,ARS; amending title 41, chapter 6, article 1, ARS, by adding section
41-1007; amending title 41, chapter 6, article 10, ARS, by adding sections 41-1092.03
through 41-1092.11; amending title 41, chapter 6, ARS, by adding article 7.1; relating to
state agencies.
Senate Bill 1057: An Act amending section 28-909, ARS; relating to passenger restraints.
Senate Bill 1058: An Act amending sections 8-201, 8-533 and 13-3620, ARS; amending
title 8, chapter 5, article 3, ARS, by adding section 8-546.12; relating to protective services.
Senate Bill 1059: An Act making an appropriation to the department of water resources for
a hydrologic study of the Sierra Vista sub-basin.
Senate Bill 1060: An Act making a supplemental appropriation to the division of emergency
management of the department of emergency and military affairs for the Clifton flood
control project.
Wednesday, January 10, 1996
Third Day
37
Senate Bill 1061: An Act amending section 35-173, ARS; relating to state appropriations.
Senate Bill 1062: An Act amending sections 3-1294, 3-1372, 3-1377, 3-1402, 3-1403,
3-1404, 3-1721, 5-396.01, 27-501, 27-512, 27-513.01, 27-523, 27-659, 28-205, 28-208,
28-213, 28-301.03, 28-302.03, 28-302.05, 28-308, 28-331, 28-352, 28-356, 28-373,
28-381, 28-383, 28-384, 28-478, 28-697.01, 28-1085.01, 28-1331, 28-1480, 28-1591,
28-1599.65, 28-1821, 28-1822, 31-222, 35-142, 36-136.01, 36-431.01, 36-464, 36-718,
36-882, 36-891, 36-897.01, 36-897.06, 36-2029, 37-338, 41-192, 41-511.21, 41-1662,
41-2806, 41-2809, 41-2810 and 49-542, ARS; amending section 28-382, ARS, as amended
by Laws 1994, chapter 294, section 7; amending section 28-382, ARS, as amended by Laws
1995, chapter 243, section l; repealing sections 23-109, 28-697.02, 28-1708, 36-136.02,
36-142, 36-431.02, 36-468, 36-696, 36-719, 41-511.23, 41-1958.01 and 45-1472, ARS;
repealing section 41-985,ARS, as amended by Laws 1989, chapter 305, section 6; repealing
section 41-985, ARS, as amended by Laws 1994, chapter 223, section 106; repealing
section 41-1511.01, ARS; repealing Laws 1989, chapter 273, section 29; relating to state
funds.
Senate Bill 1063: An Act amending sections 3-214.01, 3-234, 3-913, 5-504, 5-505, 5-522,
8-135, 8-550.01, 10-122, 12-113, 15-1725, 23-705, 28-1891, 32-1452.01, 36-138, 36-1947,
36-2005, 36-2219.01, 37-521, 37-525, 37-1015, 38-721, 41-191.02, 41-192, 41-802,
41-804, 41-1505, 41-1954, 41-2401, 41-2408, 41-2415, 41-2417, 41-2419, 44-323,
44-2039 and 46-406, ARS; amending section 28-382, ARS, as amended by Laws 1995,
chapter 243, section l; relating to state funds.
Senate Bill 1064: An Act amending section 35-457, ARS; relating to public bonds.
SECOND READING AND REFERENCE OF BILLS
The follovving bills were read the second time by number and short title and referred to
committees:
Senate Bill 1021: to Government
Senate Bill 1026: to Education
Senate Bill 1027: to Education
Senate Bill 1030: to Education; Appropriations
Senate Bill 1035: to Judiciary; Government
Senate Bill 1037: to Government
Senate Bill 1038: to Government Reform
Senate Bill 1039: to Education; Appropriations
Senate Bill 1040: to Health
Senate Bill 1041: to Transportation
Senate Bill 1042: to Government
Senate Bill 1043: to Judiciary
Senate Bill 1044: to Finance
Senate Bill 1046: to Appropriations
Senate Bill 1047: to Appropriations
Senate Bill 1048: to Appropriations
Senate Bill 1049: to Judiciary
Senate Bill 1050: to Judiciary
Senate Bill 1051: to Judiciary
Senate Bill 1052: to Professions and Employment
Senate Bill 1053: to Education
Senate Bill 1054: to Commerce and Economic Development
38 Wednesday, January 10, 1996
Third Day
ADJOURNMENT
Upon motion of Senator Patterson and agreed to, the Senate adjourned at 11: 14 a.m. until
Thursday, January 11, 1996 at 9:30 a.m.
ATTEST:
SHIRLEYL. WHEATON
Secretary of the Senate
JOHN GREENE
President of the Senate
JOURNAL OF THE SENATE
Thursday, January l l, 1996
Fourth Day
The Senate convened at 9:30 a.m.
Reverend Jimmie Woods, First Southern Baptist Church, Miami, offered prayer.
Pledge of Allegiance to the Flag was led by Senator Bee.
The following Senators answered on roll call:
39
Arzberger, Barnes, Bee, Brewer, Bums, Buster, Chastain, Chesley, Day, Gnant, Goudinoff,
Hardt, Henderson, Huppenthal, Kaites, Kennedy, Noland, Patterson, Pena, Petersen,
Richardson, Solomon, Soltero, Spitzer, Springer, Turner, Wettaw, President Greene
Senator Cummiskey was excused due to illness.
Senator Hartley was excused.
JOURNAL
The President announced that without objection reading of the Journal of Wednesday,
January 10, 1996 was dispensed with and approved as recorded by the Secretary.
EXECUTIVE NOMINATIONS
The President announced communications from Governor Fife Symington as follows:
December 15, 1995
The Honorable John Greene
President of the Senate
Senate Wing, Room 204
Phoenix, AZ 85007
Dear President Greene:
Pursuant to Jaw, I have designated the following individual to serve as a member
of the Arizona Board of Regents:
Kurt Davis
29649 N. 46th Street
Cave Creek, AZ 85331
Board Position: Member
Date of Appointment: November 15, 1995
Term Beginning: January 15, 1996
Term Ending: January 19, 2004
Replacing: Andrew Hurwitz
I respectfully request confirmation of this appointment by your Honorable Body.
The nomination was referred to the Committee on Education.
December 15, 1995
Dear President Greene:
Pursuant to Jaw, I have designated the following individual to serve as a member
of the Arizona State Retirement System Board:
40 Thursday, January l l, I 996
Fourth Day
James A Jenkins
9710 E. Mission Lane
Scottsdale, AZ 85258
Board Position: Employee of political subdivision
Date of Appointment: December 5, 1995
Term Beginning: January 16, 1996
Term Ending: January 18, 1999
Replacing: Portia Erickson
I respectfully request confirmation of this appointment by your Honorable Body.
The nomination was referred to the Committee on Finance.
December 15, 1995
Dear President Greene:
Pursuant to law, I have designated the following individual to serve as Director of
the Arizona Department of Corrections:
Terry Stewart
1950 E. El Freda Road
Tempe, AZ 85284
Board Position: Director
Date of Appointment: December 6, 1995
Term Beginning: December 15, 1995
Term Ending: At the pleasure of the Governor
Replacing: Sam Lewis
I respectfully request confirmation of this appointment by your Honorable Body.
The nomination was referred to the Committee on Government.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and
placed under second reading of bills:
Senate Bill 1065: An Act amending section 23-901, ARS; amending title 28, chapter 1,
article 1, ARS, by adding section 28-118; relating to department of transportation volunteer
program.
Senate Bill 1066: An Act amending sections 28-1102 and 28-1122, ARS; repealing title 28,
chapter 7, article 3, ARS; amending sections 28-1162, 28-1163, 28-1164, 28-1170,
28-1174, 28-1175, 28-1178, 28-1222 and 28-1232, ARS; repealing sections 28-1235,
28-1236 and 28-1238, ARS; amending sections 28-1251 and 28-1252, ARS; repealing
section 28-1253, ARS; amending sections 28-1255, 28-1256.02, 28-1259, 28-1261,
28-1262, 28-1559 and 28-1599.01, ARS; relating to motor vehicle financial responsibility.
Senate Bill 1067: An Act amending sections 28-108 and 41-2752, ARS; relating to powers
of the director of the department of transportation.
Senate Bill 1068: An Act amending sections 15-825 and 15-976, ARS; relating to school
enrollment.
Senate Bill 1069: An Act amending sections 8-232 and 15-802, ARS; relating to juveniles.
Thursday, January 11, 1996
Fourth Day
41
Senate Bill 1070: An Act amending sections 28-1865 and 28-1907, ARS; relating to
disposal of transportation property.
Senate Bill 1071: An Act amending sections 28-1591 and 28-1598, ARS; relating to
highway user revenues.
Senate Bill 1072: An Act amending sections 28-2601 and 28-2602, ARS; relating to the
local transportation assistance fund.
Senate Bill 1073: An Act repealing sections 41-2996.02, 41-2996.03 and 41-2996.12, ARS;
amending title 41, chapter 27, article 2, ARS, by adding sections 41-3006.0 l through
41-3006.04; relating to public retirement plans.
Senate Bill 1074: An Act making an appropriation for salary adjustments for state officers
and employees.
Senate Bill 1075: An Act repealing sections 41-2996.09, 41-2996.10, 41-2996.11 and
41-2996.25, ARS; aniending title 41, chapter 27, article 2, ARS, by adding sections
41-3006.01 through 41-3006.04; relating to natural resource agencies.
SECOND READING AND REFERENCE OF BILLS
The following bills were read the second time by number and short title and referred to
committees:
Senate Bill 1055: to Commerce and Economic Development
Senate Bill 1056: to Government Reform
Senate Bill 1057: to Transportation
Senate Bill 1059: to Appropriations
Senate Bill 1060: to Appropriations
Senate Bill I 06 I: to Appropriations
Senate Bill l 062: to Appropriations
Senate Bill 1063: to Appropriations
Senate Bill 1064: to Government
REPORTS OF STANDING COMMITTEES
The following standing committee reports were read:
Professions and Employment, Senator Burns, Chairman
(January IO)
Senate Bill 1022, do pass
Senate Bill 1023, do pass
ADJOURNMENT
Upon motion of Senator Patterson and agreed to, the Senate adjourned at 9:44 a.m. until
Monday, January 15, 1996 at 11:00 a.m.
ATTEST:
SHIRLEY L. WHEATON
Secretary of the Senate
JOHN GREENE
President of the Senate
42 JOURNAL OF THE SENATE
Monday, January 15, l 996
Eighth Day
The Senate convened at 11 :00 a.m.
Lt. Col. Robert Cornelius, Civil Air Patrol, offered prayer.
Pledge of Allegiance to the Flag was led by Senator Brewer.
The following Senators answered on roll call:
Arzberger, Barnes, Bee, Brewer, Bums, Buster, Chastain, Chesley, Cummiskey, Day, Gnant,
Goudinoff, Hardt, Hartley, Huppenthal, I<aites, Noland, Patterson, Pena, Petersen,
Richardson, Solomon, Soltero, Spitzer, Springer, Turner, Wettaw, President Greene
Senator Henderson was excused due to illness.
Senator Kennedy was excused.
JOURNAL
The President announced that without objection reading of the Journal of Thursday,
January 11, 1996 was dispensed with and approved as recorded by the Secretary.
ADOPTION OF RULES
Senator Patterson moved the amendment to Rule 2 of the Senate Rules for the
Forty-second Legislature, as distributed, be adopted.
Senator Cummiskey moved a substitute motion offering amendments to Senate Rules 8,
14 and 31. The substitute motion failed to pass by voice vote.
Senator Patterson requested a roll call vote on his motion. Request for a roll call supported
by Senator Brewer. The motion was agreed to by the following vote:
AYES 26: Arzberger, Barnes, Bee, Brewer, Burns, Buster, Chastain, Chesley, Day,
Gnant, Goudinoff, Hardt, Huppenthal, I<aites, Noland, Patterson, Pena, Petersen,
Richardson, Solomon, Soltero, Spitzer, Springer, Turner, Wettaw, President
Greene
NOES 2: Cummiskey, Hartley
NOT VOTING 2: Henderson, Kennedy
RULE2
The President
The President shall have the following powers and duties:
A The President shall take the chair on every legislative day precisely at the
hour to which the Senate, at its last sitting, adjourned; immediately call the
members to order and on the appearance of a quorum, cause the Journal of the
proceedings of the last day's sitting to be read.
B. The President shall have control of the Senate Chamber, including seating
assignments of members therein, all other parts of the Senate wing and all other
areas and buildings used exclusively by the Senate.
Monday, January 15, 1996'
Eighth Day
C. The President shall preserve and maintain order and decorwn.
D. The President shall sign all acts, addresses, joint resolutions, writs, warrants
and subpoenas issued by the order of the Senate, and decide all questions of order,
subject to an appeal by any member, on which appeal no member shall speak more
than once, unless by permission of the Senate.
E. The President shall state all questions in the proper order in which they
shall be disposed.
F. When a question is undebatable or when debate on a question is closed, the
President shall state the question, calling first for the "Ayes" and then for the
"Noes". If the President is in doubt, or a division is called for, the Senate shall
divide; those in the affirmative of the question shall first rise from their seats, and
then those in the negative. But on demand of two members a roll call of the Ayes
and Noes shall be ordered at any time before such vote is made certain and
declared.
G. The President shall have the right to vote, and on all questions the
President shall vote last.
H. The President shall have the right to name any member as President Pro
Tempore to serve during the President's absence, which appointment may extend
throughout the session unless terminated by the Senate. The President may
appoint any other member as temporary President Pro Tempore to serve for a
limited period of time in the absence of the President and President Pro Tempore.
In the absence or omission of such an appointment, the Senate shall proceed to
elect a President Pro Tempore to act during the absence of the President.
I. The President shall appoint all standing committees, and all select
committees unless otherwise ordered by the Senate by a majority of the members
present, and shall appoint the chairman and vice-chairman of each such
committee. The President shall be an ex-officio member of all committees, but
shall not vote or sign reports from any committee except the committees of which
the President is chairman. The President shall fill all vacancies on committees.
J. The President shall refer all proposed measures or other legislative matters
to the appropriate committees. EVERY BILL, RESOLUTION AND MEMORIAL
SHALL BE REFERRED BY THE PRESIDENT TO ONE OR MORE STANDING
COMMITTEES, EXCEPT RESOLUTIONS OR MEMORIALS TO BE ADOPTED
BY UNANIMOUS CONSENf AND HOUSE BILLS TO BE SUBSTITUTED ON
THIRD READING PURSUANf TO RULE l lH. All proposed measures or other
legislative matters shall automatically be assigned to the Rules Committee without
action upon the part of the President. IF THREE-FIFfHS OR MORE OF THE
MEMBERS OF THE SENATE PETITION THE PRESIDENT TO DISCHARGE
COMMITTEES FROM FURTHER CONSIDERATION OF A BILL,
RESOLUTION OR MEMORIAL, THE MEASURE SHALL BE WITHDRAWN BY
THE PRESIDENT FROM ASSIGNED COMMITTEES WHICH HAVE NOT
REPORTED THE MEASURE. IF A COMMITTEE HEARING HAS NOT BEEN
HELD ON THE MEASURE, THE PRESIDENT SHALL DIRECT THAT A
HEARING BE HELD BY A COMMITTEE WITHIN SEVEN DAYS AND UPON
WITHDRAWAL OR HEARING, THE MATTER SHALL BE PIACED BY THE
PRESIDENT ON THE ACTIVE CALENDAR OF THE COMMITTEE OF THE
WHOLE. IF THE MEASURE IS REPORTED FAVORABLY BY THE
COMMITTEE OF THE WHOLE, IT SHALL BE PIACED BY THE PRESIDENT
ON THE THIRD READING CALENDAR IF A DISCHARGE PETITION IS
43
44 Monday, January I5, 1996
Eighth Day
PRESENTED TO THE PRESIDENT LESS THAN SEVEN DAYS BEFORE THE
SENATE ADJOURNS SINE DIE, THE PRESIDENT SHALL NOT BE
REQUIRED TO ACT UPON THE PETITION.
K. All debts incurred by the Senate, either during session or between sessions
of the legislature, shall be subject to approval by the President and if so approved
shall be paid by claims drawn on the Finance Division of the Department of
Administration.
L The office of the President shall keep the accounts for the pay, mileage and
subsistence of members and attaches, and shall maintain these records for
inspection by the membership.
M. The President is authorized to call meetings of standing committees of the
Senate during periods when the Senate is not in session, and to approve claims for
travel and subsistence incurred by members of such committees in attendance.
Senator Patterson moved that the Senate Rules for the Forty-second Legislature be further
amended by adding Rule 31, as distributed. The motion was agreed to.
RULE31
CAUCUSES
ALL MEETINGS OF A PARTY CAUCUS CONSISTING OF MEMBERS OF THE
SENATE SHALL BE OPEN TO THE PUBLIC EXCEPT ORGANIZATIONAL
MEETINGS TO ELECT OFFICERS OF THE CAUCUS AND THE SENATE AND
MEETINGS TO DISCUSS MATTERS PERMITTED IN EXECUTIVE SESSION
AS SET FORTH IN SECTION 38-431.03, ARIZONA REVISED STATUTES.
EACH CAUCUS SHALL ESTABLISH PROCEDURES FOR CONVENING
AUTHORIZED EXECUTIVE SESSIONS.
EXECUTIVE NOMINATIONS
The President announced a communication from Governor Fife Symington as follows:
The Honorable John Greene
President of the Senate
Senate Wing, Room 204
Phoenix, AZ 85007
Dear President Greene:
January 12, 1996
Pursuant to law, I have designated the following individual to serve as a member
of the State Board of Education:
Mary Werner Garcia
4460 N. Territory Circle
Tucson, AZ 85715
Monday, January 15, 1996
Eighth Day
Board Position: High school district superintendent
Date of Appointment: January 15, 1996
Term Beginning: January 15, 1996
Term Ending: January 17, 2000
Replacing: New Appointment
(Ms. Garcia served from 11/2/95 to 1/15/96 to complete the term of
Raymond S. Kellis)
I respectfully request confirmation of this appointment by your Honorable Body.
The nomination was referred to the Committee on Education.
COMMUNICATIONS FROM THE GOVERNOR
45
President Greene instructed the Secretary to read the following communications from
Governor Fife Symington pertaining to the withdrawal of the appointments of James M.
Bush as a member of the State Board for Charter Schools and Odiemae Lucas Elliot as a
member of the Commission on Appellate Court Appointments:
The Honorable John Greene
President of the Senate
1700 W. Washington, Room 204
Phoenix, AZ 85007
Dear President Greene:
January 12, 1996
I respectfully request that the nomination of James M. Bush for an appointment
as a member of the State Board for Charter Schools be withdrawn for confirmation
by the Arizona State Senate.
January 10, 1996
Dear President Greene:
I respectfully request that the nomination of Odiemae Lucas Elliot for an
appointment as a member of the Commission on Appellate Court Appointments
be withdrawn for confirmation by the Arizona State Senate.
President Greene announced that the appointment of James M. Bush was withdrawn from
the Committee on Education; the appointment of Odiemae Lucas Elliot was withdrawn
from the Committee on Judiciary. The Secretary notified the Governor of the withdrawals.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and
placed under second reading of bills:
46 Monday, January 15, 1996
Eighth Day
Senate Bill 1076: An Act repealing title 28, chapter 5, ARS, as added by Laws 1995,
chapter 132, section 3 and as amended by Laws 1995, chapter 147, sections 5 through l O;
repealing title 28, chapter 7, articles I and 3 through 12, ARS, as added by Laws 1995,
chapter 132, section 3 and as amended by Laws 1995, chapter 147, section 14; repealing
sections 28-1605, 28-1670, 28-1817, 28-3722 and 28-5233, ARS, as added by Laws 1995,
chapter 132, section 3; repealing section 13-814, ARS; amending title 13, chapter 37, ARS,
by adding section 13-3720; transferring and renumbering title 28, chapter 6, ARS, as added
by Laws 1995, chapter 132, section 3 and as amended by Laws 1995, chapter 147, sections
11, 12 and 13, for placement in title 28, ARS, as added by Laws 1995, chapter 132, section
3, as chapter 4; transferring and renumbering title 28, chapter 6, articles I through 4, ARS,
as added by Laws 1995, chapter 132, section 3 and as amended by Laws 1995, chapter
147, sections l I, 12 and 13, for placement in title 28, chapter 4, ARS, as articles l through
4, respectively; transferring and renumbering section 28-2801, ARS, as added by Laws
1995, chapter 132, section 3, for placement in title 28, chapter 4, article I, ARS, as section
28-1301; transferring and renumbering sections 28-2821 through 28-2827, ARS, as added
by Laws 1995, chapter 132, section 3 and as amended by Laws 1995, chapter 147, section
11, for placement in title 28, chapter 4, article 2, ARS, as sections 28-1321 through
28-1327, respectively; transferring and renumbering sections 28-2881 through 28-2886,
ARS, as added by Laws 1995, chapter 132, section 3 and as amended by Laws 1995,
chapter 147, sections 12 and 13, for placement in title 28, chapter 4, article 3, ARS, as
sections 28-1381 through 28-1386, respectively; transferring and renumbering sections
28-2941, 28-2942 and 28-2943, ARS, as added by Laws 1995, chapter 132, section 3, for
placement in title 28, chapter 4, article 4, ARS, as sections 28-1441, 28-1442 and 28-1443,
respectively; amending title 28, ARS, as added by Laws 1995, chapter 132, section 3, by
adding a new chapter 6; transferring and renumbering title 28, chapter 7, article 2, ARS,
as added by Laws 1995, chapter 132, section 3, for placement in title 28, chapter 6, ARS,
as added by this act, as article I; transferring and renumbering sections 28-3131 through
28-3137, ARS, as added by Laws 1995, chapter 132, section 3, for placement in title 28,
chapter 6, article l,ARS, as sections 28-1801 through 28-1807, respectively; transferring
and renumbering title 28, chapter 7, article 13, ARS, as added by Laws 1995, chapter 132,
section 3, for placement in title 28, chapter 6, ARS, as added by this act, as article 2;
transferring and renumbering sections 28-3491, 28-3492 and 28-3493, ARS, as added by
Laws 1995, chapter 132, for placement in title 28, chapter 6, article 2, ARS, as sections
28-1821, 28-1822 and 28-1823, respectively; transferring and renumbering title 28, chapter
8, ARS, as added by Laws 1995, chapter 132, section 3, for placement in title 28, ARS, as
added by Laws 1995, chapter 132, section 3, as chapter 5; transferring and renumbering
title 28, chapter 8, articles 1 through 5, ARS, as added by Laws 1995, chapter 132, section
3, for placement in title 28, chapter 5, ARS, as articles I through 5, respectively;
transferring and renumbering section 28-3701, ARS, as added by Laws 1995, chapter 132,
section 3, for placement in title 28, chapter 5, article l, ARS, as section 28-1501;
transferring and renumbering sections 28-3 721, 28-3 723, 28-3 724 and 28-3 725, ARS, as
added by Laws 1995, chapter 132, section 3, for placement in title 28, chapter 5, article 2,
ARS, as sections 28-1521 through 28-1524, respectively; transferring and renumbering
sections 28-3751 through 28-3761, ARS, as added by Laws 1995, chapter 132, section 3,
for placement in title 28, chapter 5, article 3, ARS, as sections 28-1551, 28-1552, 28-1553,
28-1554, 28-1555, 28-1556, 28-1557, 28-1558, 28-1560, 28-1559 and 28-1561,
respectively; transferring and renumbering sections 28-3791 through 28-3801, ARS, as
added by Laws 1995, chapter 132, section 3, for placement in title 28, chapter 5, article 4,
ARS, as sections 28-1591 through 28-1601, respectively; transferring and renumbering
sections 28-3831 through 28-3836, ARS, as added by Laws 1995, chapter 132, section 3,
Monday, January 15, 1996
Eighth Day
47
for placement in title 28, chapter 5, article 5, ARS, as sections 28-1631 through 28-1636,
respectively. transferring and renumbering title 28, chapter 3, ARS, as added by Laws 1995,
chapter 132, section 3, for placement in title 28, ARS, as added by Laws 1995, chapter 132,
section 3, as chapter 7; transferring and renumbering title 28, chapter 3, articles I through
16, ARS, as added by Laws 1995, chapter 132, section 3, for placement in title 28, chapter
7, ARS, as articles I through 16, respectively; transferring and renumbering sections 28-70 I
through 28-709, ARS, as added by Laws 1995, chapter 132, section 3, for placement in title
28, chapter 7, article I, ARS, as sections 28-2001 through 28-2009, respectively;
transferring and renumbering sections 28-751 through 28-762, ARS, as added by Laws
1995, chapter 132, section 3, for placement in title 28, chapter 7, article 2, ARS, as sections
28-2051 through 28-2062, respectively; transferring and renumbering sections 28-80 I
through 28-804, ARS, as added by Laws 1995, chapter 132, section 3, for placement in title
28, chapter 7, article 3, ARS, as sections 28-2091 through 28-2094, respectively;
transferring and renumbering sections 28-831 through 28-836, ARS, as added by Laws
1995, chapter 132, section 3, for placement in title 28, chapter 7, article 4, ARS, as sections
28-2131 through 28-2136, respectively; transferring and renumbering sections 28-851
through 28-868, ARS, as added by Laws 1995, chapter 132, section 3, for placement in title
28, chapter 7, article 5, ARS, as sections 28-2151 through 28-2168, respectively;
transferring and renumbering sections 28-901 through 28-908, ARS, as added by Laws
1995, chapter 132, section 3, for placement in title 28, chapter 7, article 6, ARS, as sections
28-220 I through 28-2208, respectively; transferring and renumbering sections 28-931
through 28-939, ARS, as added by Laws 1995, chapter 132, section 3, for placement in title
28, chapter 7, article 7, ARS, as sections 28-2231 through 28-2239, respectively;
transferring and renumbering sections 28-961 through 28-968, ARS, as added by Laws
1995, chapter 132, section 3, for placement in title 28, chapter 7, article 8, ARS, as sections
28-2261 through 28-2268, respectively; transferring and renumbering sections 28-991
through 28-995, ARS, as added by Laws 1995, chapter 132, section 3, for placement in title
28, chapter 7, article 9, ARS, as sections 28-2291 through 28-2295, respectively;
transferring and renumbering sections 28-1021 through 28-1027, ARS, as added by Laws
1995, chapter 132, section 3, for placement in title 28, chapter 7, article 10, ARS, as
sections 28-2321 through 28-2327, respectively. transferring and renumbering sections
28-1051 through 28-1055, ARS, as added by Laws 1995, chapter 132, section 3, for
placement in title 28, chapter 7, article 11, ARS, as sections 28-2351 through 28-2355,
respectively; transferring and renumbering sections 28-1101 through 28-1116, ARS, as
added by Laws 1995, chapter 132, section 3, for placement in title 28, chapter 7, article 12,
ARS, as sections 28-2401 through 28-2416, respectively; transferring and renumbering
sections 28-1151 through 28-1155, ARS, as added by Laws 1995, chapter 132, section 3,
for placement in title 28, chapter 7, article 13, ARS, as sections 28-2451 through 28-2455,
respectively; transferring and renumbering sections 28-1181 through 28-1187, ARS, as
added by Laws 1995, chapter 132, section 3, for placement in title 28, chapter 7, article 14,
ARS, as sections 28-2481 through 28-2487, respectively; transferring and renumbering
sections 28-1211, 28-1212 and 28-1213,ARS, as added by Laws 1995, chapter 132, section
3, for placement in title 28, chapter 7, article 15, ARS, as sections 28-2511, 28-2512 and
28-2513, respectively; transferring and renumbering sections 28-1231, 28-1232 and
28-1233, ARS, as added by Laws 1995, chapter 132, section 3, for placement in title 28,
chapter 7, article 16, ARS, as sections 28-2531, 28-2532 and 28-2533, respectively;
transferring and renumbering title 28, chapter 4, ARS, as added by Laws 1995, chapter
132, section 3 and as amended by Laws 1995, chapter 147, sections 3 and 4, for placement
in title 28, ARS, as added by Laws 1995, chapter 132, section 3, as chapter 8; transferring
and renumbering title 28, chapter 4, articles I through 8, ARS, as added by Laws 1995,
48 Monday, January 15, I 996
Eighth Day
chapter 132, section 3 and as amended by Laws 1995, chapter 147, sections 3 and 4, for
placement in title 28, chapter 8, ARS, as articles 1 through 8, respectively; transferring and
renumbering sections 28-1501 through 28-1505, ARS, as added by Laws 1995, chapter
132, section 3, for placement in title 28, chapter 8, article 1, ARS, as sections 28-3001
through 28-3005, respectively; transferring and renumbering sections 28-1531, 28-1532
and28-1533, ARS, as added by Laws 1995, chapter 132, section 3, for placement in title
28, chapter 8, article 2, ARS, as sections 28-305 I, 28-3052 and 28-3053, respectively;
transferring and renumbering sections 28-1561, 28-1562 and 28-1563, ARS, as added by
Laws 1995, chapter 132, section 3, for placement in title 28, chapter 8, article 3, ARS, as
sections 28-3101, 28-3102 and 28-3103, respectively; transferring and renumbering
sections 28-1591 through 28-1604 and 28-1606 through 28-1614, ARS, as added by Laws
1995, chapter 132, section 3 and as amended by Laws 1995, chapter 147, section 3, for
placement in title 28, chapter 8, article 4, ARS, as sections 28-3151 through 28-3173,
respectively; transferring and renumbering sections 28-1661 through 28-1669, ARS, as
added by Laws 1995, chapter 132, section 3, for placement in title 28, chapter 8, article 5,
ARS, as sections 28-3221 through 28-3229, respectively; transferring and renumbering
sections 28-1701 through 28-1719, ARS, as added by Laws 1995, chapter 132, section 3
and as amended by Laws 1995, chapter 147, section 4, for placement in title 28, chapter
8, article 6, ARS, as sections 28-3301 through 28-3319, respectively; transferring and
renumbering sections 28-1761 through 28-1769, ARS, as added by Laws 1995, chapter
132, section 3, for placement in title 28, chapter 8, article 7, ARS, as sections 28-3391
through 28-3399, respectively; transferring and renumbering sections 28-181 I through
28-1816, 28-1818, 28-1819 and 28-1820, ARS, as added by Laws 1995, chapter 132,
section 3, for placement in title 28, chapter 8, article 8, ARS, as sections 28-3471, 28-3476,
28-3477, 28-3478, 28-3479, 28-3473, 28-3472, 28-3480 and 28-3481, respectively;
transferring and renumbering title 28, chapter 4, articles 9 and I 0, ARS, as added by Laws
1995, chapter 132, section 3, for placement in title 28, chapter 6, ARS, as added by this
act, as articles 3 and 4, respectively; amending sections 28-101, 28-121, 28-369 and
28-372, ARS, as added by Laws 1995, chapter 132, section 3; amending title 28, chapter
2, article 3, ARS, as added by Laws 1995, chapter 132, section 3, by adding section 28-374;
amending sections 28-403, 28-447, 28-448 and 28-450, ARS, as added by Laws 1995,
chapter 132, section 3; amending title 28, ARS, as added by Laws 1995, chapter 132,
section 3, by adding a new chapter 3; amending section 28-1301, ARS, as transferred and
renumbered by this act; amending title 28, chapter 4, article I, ARS, as transferred and
renumbered by this act, by adding section 28-1302; amending sections 28-1322, 28-1323,
28-1327, 28-1382, 28-1383, 28-1384, 28-1385 and 28-1386, ARS, as transferred and
renumbered by this act; amending title 28, chapter 4, article 3, ARS, as transferred and
renumbered by this act, by adding section 28-1387; amending sections 28-1441, 28-1442
and 28-1443, ARS, as transferred and renumbered by this act; amending title 28, chapter
4, article 4, ARS, as transferred and renumbered by this act, by adding section 28-1444;
amending sections 28-1521, 28-1523, 28-1551, 28-1552, 28-1556, 28-1559, 28-1560,
28-1591, 28-1592, 28-1595, 28-1596, 28-1597, 28-1599, 28-1601, 28-1632, 28-1633,
28-1634, 28-2001, 28-2002, 28-2003, 28-2006, 28-2007 and 28-2009, ARS, as transferred
and renumbered by this act; amending title 28, chapter 7, article I, ARS, as transferred and
renumbered by this act, by adding section 28-201 O; amending sections 28-2051, 28-2052,
28-2053, 28-2055, 28-2057, 28-2058, 28-2060, 28-2091, 28-2131, 28-2133, 28-2135,
28-2136, 28-2151, 28-2153, 28-2154, 28-2155, 28-2156, 28-2157, 28-2159, 28-2162,
28-2165, 28-2166, 28-2201, 28-2202, 28-2206, 28-2232, 28-2233, 28-2235, 28-2237,
28-2238, 28-2261 and 28-2264, ARS, as transferred and renumbered by this act; amending
title 28, chapter 7, article 8, ARS, as transferred and renumbered by this act, by adding
Monday, January 15, 1996
Eighth Day
49
section 28-2269; amending section 28-2293, ARS, as transferred and renumbered by this
act; repealing section 28-2294, ARS, as transferred and renumbered by this act; amending
title 28, chapter 7, article 9, as transferred and renumbered by this act, by adding a new
section 28-2294; amending section 28-2294, ARS, as added by this act; amending sections
28-2321, 28-2323, 28-2324, 28-2325, 28-2326 and 28-2327, ARS, as transferred and
renumbered by this act; amending title 28, chapter 7, article 10, ARS, as transferred and
renumbered by this act, by adding section 28-2328; amending sections 28-2351, 28-2353,
28-2355, 28-2402, 28-2403, 28-2404, 28-2405, 28-2406, 28-2409, 28-2412, 28-2413,
28-2414, 28-2415, 28-2453, 28-2454, 28-2455, 28-2482, 28-2483, 28-2484, 28-2487,
28-2512, 28-2513, 28-2531, 28-300 I, 28-3002, 28-3003 and 28-3004, ARS, as transferred
and renumbered by this act; amending title 28, chapter 8, article I, ARS, as transferred and
renumbered by this act, by adding section 28-3006; amending sections 28-3052, 28-3053,
28-310 I, 28-3102, 28-3153, 28-3156, 28-3158, 28-3160, 28-3161, 28-3162, 28-3164,
28-3166, 28-3170, 28-3171, 28-3172, 28-3223, 28-3224, 28-3227, 28-3228, 28-3304,
28-3305, 28-3306, 28-3307, 28-3309, 28-3310, 28-3311, 28-3314, 28-3315, 28-3318,
28-3319, 28-3392, 28-3397, 28-3398, 28-3472 and 28-3473, A.ltS, as tra.YJ.sferred and
renumbered by this act; amending title 28, chapter 8, article 8, ARS, as transferred and
renumbered by this act, by adding sections 28-3474 and 28-3475; amending sections
28-3477 and 28-3481, ARS, as transferred and renumbered by this act; amending sections
28-4034, 28-4037, 28-4071 and 28-4076, ARS, as added by Laws 1995, chapter 132,
section 3; repealing section 28-4083, ARS, as added by Laws 1995, chapter 132, section 3;
amending sections 28-4131, 28-4133, 28-4135, 28-4136, 28-4139, 28-4140, 28-4145,
28-4146, 28-4152, 28-4301, 28-4331, 28-4333, 28-4335, 28-4402, 28-4457, 28-4498,
28-4531, 28-4532, 28-4538, 28-4539, 28-4546, 28-4554, 28-4594, 28-4595, 28-4623,
28-4629, 28-4802, 29-4832, 28-4834 and 28-4835, ARS, as added by Laws 1995, chapter
132, section 3; changing the designation of title 28, chapter 13, ARS, as added by Laws
1995, chapter 132, section 3, to "authorized third parties"; changing the designation of title
28, chapter 13, article I, ARS, as added by Laws 1995, chapter 132, section 3, to "third
party motor vehicle registration"; amending sections 28-5101 through 28-5110, ARS, as
added by Laws 1995, chapter 132, section 3; amending title 28, chapter 13, ARS, as added
by Laws 1995, chapter 132, section 3, by adding article 2; amending sections 28-5433,
28-5435 and 28-5437, ARS, as added by Laws 1995, chapter 132, section 3; amending title
28, chapter 15, article 2, ARS, as added by Laws 1995, chapter 132, section 3, by adding
section 28-5438; amending sections 28-5471, 28-5472, 28-5473, 28-5617, 28-5703,
28-5705, 28-5714, 28-5716, 28-5720, 28-5732, 28-5734, 28-5735, 28-5738, 28-5740,
28-5742, 28-5743, 28-5744, 28-5802, 28-5808, 28-5854, 28-5856, 28-5861, 28-5867,
28-5868, 28-5869, 28-5943, 28-630 I, 28-6351 and 28-6501, ARS, as added by Laws 1995,
chapter 132, section 3; amending section 28-6531, ARS, as added by Laws 1995, chapter
132, section 3 and as amended by Laws 1995, chapter 147, section 17; amending sections
28-6537, 28-6702, 28-6922, 28-6993, 28-7095, 28-7311, 28-770 I, 28-7703, 28-7705,
28-7741, 28-7742, 28-7743, 28-7744, 28-7745, 28-7746, 28-7747, 28-7749, 28-7750,
28-7752, 28-7753, 28-7754, 28-7755, 28-7757, 28-7758, 28-7905, 28-8202, 28-8205,
28-8243, 28-8283, 28-8290, 28-8321 and 28-8322, ARS, as added by Laws 1995, chapter
132, section 3; repealing section 28-8323, ARS, as added by Laws 1995, chapter 132,
section 3; amending title 28, chapter 25, article 4, ARS, as added by Laws 1995, chapter
132, section 3, by adding a new section 28-8323; amending sections 28-8324 and 28-8327,
ARS, as added by Laws 1995, chapter 132, section 3; repealing section 28-8328, ARS, as
added by Laws 1995, chapter 132, section 3; amending title 28, chapter 25, article 4, ARS,
as added by Laws 1995, chapter 132, section 3, by adding a new section 28-8328;
amending sections 28-8329, 28-8330, 28-8331 and28-8332, ARS, as added by Laws I 995,
50 Monday, January 15, 1996
Eighth Day
chapter 132, section 3; repealing section 28-8333, ARS, as added by Laws I 995, chapter
132, section 3; amending sections 28-8334, 28-8342, 28-8461 and 28-8481, ARS, as added
by Laws 1995, chapter 132, section 3; amending title 28, chapter 25, article 7, ARS, as
added by Laws 1995, chapter 132, section 3, by adding sections 28-8482, 28-8483 and
28-8284; amending sections 28-8521 and 28-8526, ARS, as added by Laws 1995, chapter
132, section 3; amending sections 41-1830.l 1, 41-1830.12 and 41-1830.13, ARS, as added
by Laws 1995, chapter 132, section 6; amending title 41, chapter 12, article 10, ARS, as
added by Laws I 995, chapter 132, section 6, by adding section 41-1830.15; amending
sections 48-5301 and 48-5309, ARS, as added by Laws 1995, chapter 132, section 7;
amending Laws 1995, chapter 132, sections 8 and 12; amending Laws 1995, chapter 147,
section 23; relating to transportation; providing for conditional enactment.
Senate Bill 1077: An Act amending sections 41-1461, 41-1463 and 41-1481, ARS; relating
to employment discrimination.
Senate Bill 1078: An Act amending sections 13-702 and 13-703, ARS; relating to
sentencing.
Senate Bill 1079: An Act amending title 5, ARS, by adding chapter 7; relating to skiing.
Senate Bill 1080: An Act amending sections 31-254, 31-261, 31-323 and 41-1674, ARS;
relating to prisoners.
Senate Bill 1081: An Act amending section 16-135, ARS; relating to elections and electors.
Senate Bill 1082: An Act amending section 11-214, ARS; relating to county boards of
supervisors.
Senate Bill 1083: An Act amending sections 16-121.01 and 16-152, ARS; relating to
elections and electors.
Senate Bill 1084: An Act amending sections 11-251, 11-1435, 37-1154 and 49-588, ARS;
relating to county boards of supervisors.
Senate Bill 1085: An Act amending section 32-2812, ARS; amending title 32, chapter 28,
article 2, ARS, by adding section 32-2818; relating to the medical radiologic technology
board of examiners.
Senate Bill 1086: An Act amending sections 28-1327 and44-!261, ARS; amending title 44,
chapter 9, article 5, ARS, by adding section 44-1267; relating to motor vehicle warranties.
Senate Bill 1087: An Act amending section 35-113, ARS; relating to public finances.
Senate Bill 1088: An Act repealing Laws 1995, chapter 255, section 24; making a
supplemental appropriation to the state board of nursing.
Senate Bill 1089: An Act amending title 42, chapter 2, ARS, by adding article 4.1; relating
to residential property taxation.
Monday, January 15, 1996
Eighth Day
51
Senate Bill 1090: An Act amending section 11-251.05, ARS; amending title 11, ARS, by
adding chapter 11; providing for the delayed repeal of title 11, chapter 11, ARS; relating
to retirement villages.
Senate Bill 1091: An Act repealing section 38-213, ARS; relating to appointments by the
governor.
Senate Bill 1092: An Act amending section 41-2501, ARS; relating to the procurement
code.
Senate Bill 1093: An Act making an appropriation to the department of corrections for
correctional program officers salaries.
Senate Bill l 094: An Act amending section 11-861, ARS; relating to county planning and
zoning.
Senate Bill 1095: An Act amending sections 11-217 and 48-261, ARS; relating to county
boards of supervisors procedures.
Senate Bill 1096: An Act amending section 41-2616, ARS; relating to the procurement
code.
Senate Bill 1097: An Act amending title 12, chapter 11, article 1, ARS, by adding section
12-2008; amending section 12-2030, ARS; relating to extraordinary legal remedies.
SECOND READING AND REFERENCE OF BILLS
The following bills were read the second time by number and short title and referred to
conunittees:
Senate Bill 1036: to Finance
Senate Bill 1045: to Transportation
Senate Bill 1058: to Family Services
Senate Bill 1065: to Transportation
Senate Bill 1066: to Banking and Insurance
Senate Bill 1067: to Transportation
Senate Bill 1069: to Judiciary
Senate Bill 1070: to Transportation
Senate Bill 1071: to Transportation; Appropriations
Senate Bill 1072: to Transportation
Senate Bill 1073: to Finance
Senate Bill 107 4: to Appropriations
Senate Bill 1075: to Natural Resources, Agriculture and Environment
52 Monday, January 15, I996
Eighth Day
REPORTS OF STANDING COMMITTEES
The following standing committee reports were read:
Banking and Insurance, Senator I<aites, Chairman
(January 10)
Senate Bill IO 19, do pass amended
Senate Bill 1020, do pass amended
Government, Senator Chesley, Chairman
(January 11)
Senate Bill 1005, do pass
Senate Bill 1009, do pass amended
Senate Bill IO 10, do pass
Senate Bill 10 I I, do pass
Senate Bill 1012, do pass
Senate Bill 1013, do pass
Senate Bill IO I 4, do pass
Senate BiII· 1021, do pass amended
ADJOURNMENT
Upon motion of Senator Patterson and agreed to, the Senate adjourned at 11 :30 a.m. until
Tuesday, January I 6, I 996 at I I :00 a.m.
ATTEST:
SHIRLEY L. WHEATON
Secretary of the Senate
JOHN GREENE
President of the Senate
JOURNAL OF THE SENATE
Tuesday, January 16, 1996
Ninth Day
The Senate convened at 11 :00 a.m.
Senator Barnes offered prayer.
Pledge of Allegiance to the Flag was led by Senator Buster.
The following Senators answered on roll call:
53
Arzberger, Barnes, Bee, Brewer, Bums, Buster, Chastain, Chesley, Day, Gnant, Goudinoff,
Hardt, Hartley, Henderson, Huppenthal, Kaites, Noland, Patterson, Pena, Petersen,
Richardson, Solomon, Soltero, Spitzer, Springer, Turner, Wettaw, President Greene
Senator Cummiskey was seated at 11:07 a.m.
Senator Kennedy was seated at 11 :08 a.m.
JOURNAL
The President announced that without objection reading of the Journal of Monday, January
15, 1996 was dispensed with and approved as recorded by the Secretary.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and
placed under second reading of bills:
Senate Bill 1098: An Act amending section 44-1205, ARS; relating to revolving accounts.
Senate Bill 1099: An Act amending sections 4-244, 13-912, 13-3102 and 13-3112, ARS;
amending title 13, chapter 15, ARS, by adding section 13-1504.01; relating to weapons.
Senate Bill 1100: An Act amending section 32-1129, ARS; relating to the registrar of
contractors.
Senate Bill 1101: An Act amending sections 44-1641, 44-1642, 44-1642.02, 44-1644, ARS;
repealing section 44-1642.01, ARS; relating to scrap metal dealers.
Senate Bill 1102: An Act amending title 13, chapter 37, ARS, by adding section 13-3720;
relating to miscellaneous offenses.
Senate Bill 1103: An Act amending sections 12-282, 12-1703, 21-411, 25-123 and
28-1061, ARS; relating to the superior court clerk.
Senate Bill 1104: An Act repealing section 16-918, ARS; amending title 16, chapter 6,
article 1, ARS, by adding a new section 16-918; relating to campaign contributions and
expenses.
Senate Bill 1105: An Act amending section 12-283, ARS; relating to judicial officers and
employees.
Senate Bill 1106: An Act amending section 10-1622, ARS; relating to corporate annual
reports.
54 Tuesday, January 16, 1996
Ninth Day
Senate Bill 1107: An Act amending section 42-1310.13, ARS; relating to transaction
privilege and affiliated excise tax.
Senate Bill I 108: An Act relating to tax exempt property.
SECOND READING AND REFERENCE OF BILLS
The following bills were read the second time by number and short title and referred to
committees:
Senate Bill 1076: to Transportation
Senate Bill 1078: to Judiciary
Senate Bill 1079: to Commerce and Economic Development
Senate Bill 1080: to Government
Senate Bill 1081: to Government
Senate Bill 1082: to Government
Senate Bill 1083: to Government
Senate Bill 1085: to Professions and Employment
Senate Bill 1086: to Transportation
Senate Bill 1087: to Appropriations
Senate Bill 1088: to Appropriations
Senate Bill 1089: to Finance
Senate Bill 1090: to Government
REPORTS OF STANDING COMMITTEES
The following standing committee reports were read:
Education, Senator Huppenthal, Chairman
(January 15)
Senate Bill 1024, do pass
Senate Bill 1026, do pass
Senate Bill 1027, do pass
Rules, Senator Turner, Chairman
(January 15)
The following bills are proper for consideration: Senate Bills 1005, 1010, 1013, 1014,
1021 and 1022
ADJOURNMENT
Upon motion of Senator Patterson and agreed to, the Senate adjourned at 11: 19 a.m. until
Wednesday.January 17, 1996at 11:00a.m.
ATTEST:
SHIRLEY L. WHEATON
Secretary of the Senate
JOHN GREENE
President of the Senate
JOURNAL OF THE SENATE
Wednesday, January 17, 1996
Tenth Day
The Senate convened at 11 :00 a.m.
55
Father Donald H. Langlois, Episcopal Priest and Reference Librarian, Department of
Library, Archives and Public Records, offered prayer.
Pledge of Allegiance to the Flag was led by Senator Buster.
The following Senators answered on roll call:
Arzberger, Barnes, Bee, Brewer, Bums, Buster, Chas

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